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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOURTEENTH
SESSION OF THE . GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1947
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- FIRST
VOLUME XLVI
Printed by
Milford Chronicle Publishing Company
Milford, Delaware

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOURTEENTH
SESSION OF THE .GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1947
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY-FIRST
VOLUME XLVI
Printed by
Milford Chronicle Publishing Company
Milford, Delaware
LAWS OF DELAWARE
CHAPTER 1
DOVER
AN ACT TO AMEND AN ACT CHANGING THE NAME OF
"THE TOWN OF DOVER" TO "THE CITY OF DOVER"
AND ESTABLISHING A CHARTER THEREFOR, WITH
RESPECT TO HOURS OF VOTING.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met: (two-thirds
of all the Members elected to each House of the General Assembly
concurring therein).
Section 1. That Chapter 158, Volume 36, Laws of Delaware,
1929, be and the same is hereby amended by striking out and
repealing the second paragraph of Section 8 of said Chapter as
the said paragraph appears at the top of page 453 of said Volume
and enacting in lieu thereof a new second paragraph as follows:
The election shall be opened at one o'clock P. M., and dosed
at seven o'clock P. M.
Approved January 20, 1947.
3
4
CHAPTER 2
APPROPRIATION
ACQUISITION OF LANDS IN DOVER
AN ACT MAKING AN ADDITIONAL APPROPRIATION TO
CARRY OUT THE PROVISIONS OF CHAPTER 294,
VOLUME 45, LAWS OF DELAWARE, 1945, PROVIDING
FOR THE ACQUISITION OF CERTAIN LANDS IN
DOVER.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated to the State
Building and Grounds Commission the sum of Five Thousand
Dollars ($5,000.00) as an additional amount necessary to carry
out the provisions of Chapter 294, Volume 45, Laws of Dela-ware,
1945, providing for the acquisition of certain lands in
Dover. The State Treasurer is hereby authorized and directed
to pay such sum or portions thereof upon warrants of the said
Commission signed by the Chairman or Vice-Chairman and at-tested
by the Secretary or acting secretary of said Commission.
Section 2. No portion of the money appropriated as afore-said
shall be deemed or held to revert at the end of any fiscal
year, but the said appropriation shall remain in force until the
objects and purposes of this Act have been fully accomplished.
Any part of the aforesaid sum of Five Thousand Dollars
($5,000.00) remaining unexpended, at the time the work of the
Commission has been concluded under the provisions of this Act,
shall revert to the General Fund of the State of Delaware.
Section 3. This Act shall be known as a supplementary and
a deficiency appropriation bill and funds hereby appropriated
shall be paid out of the General Fund of the State Treasury not
otherwise appropriated.
Approved January 21, 1947.
CHAPTER 3
APPROPRIATION
SECRETARY OF STATE
AN ACT MAKING AN ADDITIONAL APPROPRIATION FOR
THE EXPENSES OF THE OFFICE OF THE SECRETARY
OF STATE FOR THE FISCAL YEAR ENDING ON THE
30TH DAY OF JUNE, A. D., 1947.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated to the Secre-tary
of State the sum of Five Thousand Dollars ($5,000.00) for
additional expenditures of his office during the fiscal year ending
June 30, 1947, and made necessary by the increased volume of
business handled by said office.
Section 2. This Act shall be known as a supplementary and
a deficiency appropriation act and the funds hereby appropriated
shall be paid out of the General Fund of the State Treasury not
otherwise appropriated.
Approved January 23, 1947.
r0
6
CHAPTER 4
PRINTING AND DISTRIBUTION OF PUBLIC LAWS
AN ACT TO AMEND CHAPTER 10 OF THE REVISED CODE
OF DELAWARE, 1935, WITH REFERENCE TO THE
PRINTING AND DISTRIBUTION OF PUBLIC LAWS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 10 of the Revised Code of Dela-ware,
1935, as amended, be further amended by striking out and
repealing all of 338. Sec. 2. thereof and enacting and inserting
in lieu thereof a new 338. Sec. 2., as follows:
338. Sec. 2. Printing and Distribution of Public Laws:
The Secretary of State shall, as soon as practicable after the ad-journment
of the General Assembly, have Fifteen Hundred
(1500) copies of all bills, resolutions, proclamations of the Gov-ernor,
orders, and votes of a public nature, accurately printed,
in volume form, and arranged in the discretion of said official,
with an index thereto, to be prepared by him, and shall carefully
preserve the originals in the State Archives. The printing of Ses-sion
Laws shall be done under contract made by the Secretary of
State, and in accordance with specifications furnished by said
Secretary. The Secretary of State shall then have Eight Hun-dred
(800) copies bound with a general index, and he shall dis-tribute
the same as follows: Fifty (50) copies to the Prothono-tary
of New Castle County, Twenty (20) copies to the Prothono-tary
of Kent County, and Twenty (20) copies to the Prothono-tary
of Sussex County; One (1) copy to the Executive, One (1)
copy to each State Officer, One (1) copy to each County Officer
of the respective Counties; One (1) copy to the Library of
Congress, One (1) copy to the State Library of each of the United
States, and the residue to the State Library of this State for the
Librarian to distribute, who shall charge the respective Pro-thonotaries
for each volume of the Session Laws a price equal
to the actual cost to the State for printing the same. At the end
of one year after the delivery of such copies to the respective
Prothonotaries, they shall return all unsold copies, and shall be
Chapter 4 7
PRINTING AND DISTRIBUTION OF PUBLIC LAWS
credited therefor the amount which they have been charged for
same, and such returned copies shall be delivered to the State
Librarian. The State Librarian shall also charge for such copies
the actual price paid by the State for same. The copies delivered
as herein provided to the Executive, and to the State and County
Officers shall be kept and remain in their respective offices, and
be by them delivered to their successors, as the property of said
offices. The other Seven Hundred (700) copies of such bills, reso-lutions,
proclamations of the Governor, orders, and votes of a
public nature, so printed as aforesaid, shall be in pamphlet form
with paper binding or covers and shall be sold by the State Librar-ian
at a price equal to the actual price paid by the State.
All moneys realized from the sale of the Session Laws of
the State of Delaware by the State Librarian, shall be paid to
the State Treasurer for the use of the State.
Approved January 27, 1947.
CHAPTER 5
APPROPRIATION
SALARY INCREASE FOR CERTAIN STATE EMPLOYEES
AN ACT MAKING APPROPRIATIONS FOR THE PAYMENT
'OF TEMPORARY INCREASES IN THE SALARIES OF
CERTAIN EMPLOYEES OF THE STATE FOR THE
FISCAL YEARS ENDING JUNE 30, 1947, JUNE 30, 1948
AND JUNE 30, 1949, RESPECTIVELY.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated the sum of
Four Hundred Fifty Thousand Dollars ($450,000.00) for the
fiscal year ending June 30, 1947, and the sum of Four Hundred
Sixty Thousand Dollars ($460,000.00) for the fiscal year ending
June 30, 1948, and the sum of Four Hundred Sixty Thousand
Dollars ($460,000.00) for the fiscal year ending June 30, 1949.
The amounts hereby appropriated for each of said years shall
be paid by the State Treasurer for the purposes and in the man-ner
as hereinafter set forth.
Section 2. The State Treasurer is hereby directed to pay
out of the sums appropriated in Section 1 of this Act as a tem-porary
addition to the basic salary of certain State employees
covered by the provisions of this Act, (not to include, however,
elected officials, attaches of the General Assembly nor any em-ployees
of the University of Delaware), an increase at the rate
of Two Hundred Dollars ($200.00) per annum, but not to exceed
one-twelfth (1/12th) of said increase in any one month except
that such salary increases may be paid to school teachers, mem-bers
of the teaching staff at the State College for Colored Stu-dents,
and employees of the State Board of Education, the Board
of Public Education in the City of Wilmington, any Board of
Education of a Special School District, any Board of School
Trustees of school districts, or the State College for Colored
Students, in ten (10) equal monthly payments in any fiscal year.
Chapter 5 9
APPROPRIATION
SALARY INCREASE FOR CERTAIN STATE EMPLOYEES
Section 3. The Two Hundred Dollars ($200.00) annual in-crease
in basic salary herein provided shall be paid to all State
employees qualifying for such payments who receive annual
salaries within d range of Five Hundred Dollars ($500.00) and
more to Five Thousand Dollars ($5,000.00) and less. No increase
in basic salary granted in Section 2 hereof shall cause the sum
of any basic salary to exceed a total annual payment of Five
Thousand Dollars ($5,000.00).
Section 4. The temporary salary increase herein provided
shall be paid to all those persons qualifying for such increases
who were State employees on the 31st day of December, A. D.,
1946. The increased temporary salary herein provided shall be-come
effective on the first day of the calendar month in which
this bill is duly enacted by the General Assembly and approved
by the Governor.
Section 5. In the event of the severance of employment by
any employee covered by this Act who would have otherwise been
eligible for the salary increase as provided by this Act, the em-ployment
of any other person in his place or stead shall, upon
satisfactory proof of employment submitted to the State Trea-surer,
render such person eligible to the temporary salary in-crease
herein provided, if the duties of such person are of the
same nature and the position in which he is employed is regu-larly
constituted by a department, board or other agency and/or
required or authorized by law.
Section 6. The provisions of this Act shall be deemed to
apply to all school employees of this State and/or any political
subdivision of this State to whom any salary increase as pro-vided
in this Act would be applicable if said employee were paid
entirely out of the moneys of this State.
- Section 7. The temporary salary increase herein provided
shall remain in effect until the end of the next biennium on June
30, 1949, for all State employees qualified for such increased pay-ments
except teachers in the public schools. As to such teachers
the provisions of this bill shall remain in effect only to the end
of the current fiscal year on June 30, 1947.
10 Chapter 5
APPROPRIATION
SALARY INCREASE FOR CERTAIN STATE EMPLOYEES
Section 8. If any State employee receives a cash salary of
less than Five Hundred Dollars ($500.00) annually but also re-ceives
as a part of the remuneration for his services, board and
lodging, such board and lodging shall be considered to be of a
value of One Dollar ($1.00) per day, and the value of such board
and lodging shall be added to his basic cash salary for the pur-pose
of determining the salary increase under the provisions
hereof.
Section 9. The term "basic salary" as used in this Act shall
be taken to include all salary payments made through the office
of the State Treasurer from moneys derived from State revenue
or from any other source (except such moneys as are appro-priated
by the United States Government) and in respect to
which salary payments a board, commission, department, offi-cers,
or other agency of the State of Delaware exercises control
and the amounts of which were included on a payroll for the
month of December, 1946, for payment by the State Treasurer.
Subject to the foregoing limitations, any compensation for per-sonal
services in the nature of emoluments, fees, honorariums,
and the like, which is not ordinarily regarded as wages in the
commonly accepted sense of the term, is to be considered as
salary for the purpose of determining "basic salary" as herein-above
defined. If salary is payable or paid to any State employee
by one or more agencies and/or political subdivisions of the State
and/or by the Federal Government, or any agency thereof, and
whether paid through the office of the State Treasurer or other-wise,
and the total thereof equals or exceeds the sum of Five
Thousand Dollars ($5,000.00) per annum, such employees shall
not be eligible to receive any temporary salary increase pro-vided
for by this Act.
Section 10. Every board, department, officer or other agen-cy
shall on or before the first day of the month following the
month in which this Act becomes effective, submit to the State
Auditor in such form as he shall prescribe a certified statement
of all persons in its employ on December 31, 1946, if such per-sons
are at present employed by said board, department, officer
Chapter 5 11
APPROPRIATION
SALARY INCREASE FOR CERTAIN STATE- EMPLOYEES
or other agency, and a list of persons so employed on December
31, 1946 who have since left such employment, and a list of-positions
existing but on said date vacant, and opposite each
name and position certify to the rate of salary paid, both monthly
and annually, from State moneys and from other sources, in
separate columns.
For the purposes of this Act, any person employed to fill
any vacancy in any permanent position as defined herein shall
receive the temporary salary increase provided in this Act, and
it shall be the duty of the State Auditor to enforce the provisions
of this Act and to approve the amounts to be paid hereunder by
the State Treasurer.
Section 11. Any moneys appropriated in this Act shall be
used exclusively for the purpose of paying the tempqraxy salary
increases herein authorized, and shall not be transferred or used
for the payment of any other salaries or expenses.
Section 12. All acts or parts of acts inconsistent with this
act are hereby repealed to the extent of such inconsistency only.
Section 13. That this bill shall be known as a Supplemen-tary
Appropriation Act and the funds hereby appropriated shall
be paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 27, 1947.
12
CHAPTER 6
PRINTING NEEDS OF THE GENERAL ASSEMBLY
AN ACT TO PROVIDE FOR THE PRINTING NEEDS OF THE
GENERAL ASSEMBLY OF THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That after the adjournment of the 114th Gen-eral
Assembly, the printing needs of the Regular Session of the
General Assembly of the State of Delaware shall be met by hav-ing
such needs supplied and the necessary work performed under
contract after advertisement for bids and the furnishing of spe-cifications
as hereinafter provided.
Section 2. On or before the first day of December in any
year preceding the year when the General Assembly of the State
of Delaware meets in Regular Session, as provided by the Con-stitution
of the State, the Legislative Reference Bureau of Dela-ware
shall advertise for bids for supplying the printing needs of
the General Assembly and performing the necessary work in con-nection
therewith. Such advertisement for bids shall be publish-ed
in a paper or papers of general circulation throughout the
State of Delaware. The said Bureau shall prepare or cause to
be prepared specifications for such printing as shall be required
during the next succeeding Regular Session of the General As-sembly
following the advertisement for bids, and such specifica-tions
shall include the printing of the calendars for the Senate
and for the House of Representatives, the printing of Bills,
printing of Rule Books, Roll Call Books and the various printed
forms and supplies which are needed and used in the regular
work of the General Assembly.
Section 3. The Legislative Reference Bureau of Delaware
shall furnish the specifications herein provided to each prospec-tive
bidder from the State of Delaware who requests a copy of
the same. All those interested in offering bids for performing
the necessary printing and supplying the needs as set forth in
the specifications furnished them as aforesaid shall present their
Chapter 6 13
PRINTING NEEDS OF THE GENERAL ASSEMBLY
bids in sealed envelopes to the Chairman of the Senate Committee
on Printing and/or the Chairman of the Printing Committee of
the House of Representatives, on the first day of the appointment
of the respective committees in a Regular Session of the Genera/
Assembly of Delaware that convenes following the advertisement
for bids as aforesaid.
Section 4. Upon receipt of such bids, which must be sub-mitted
in person by the bidder or by his, her or its agent, prior
to three o'clock P. M. on the first day of the naming of the Print-ing
Committee in either House, the Chairman of said Committee
of the Senate and the Chairman of said Committee of the House
of Representatives shall notify each member of his Printing
Committee of the hour and place of a meeting of his full Com-mittee
in some part of the Legislative Building, in Dover, for
the purpose of opening the bids so received by him as aforesaid.
Section 5. The Chairman of the Printing Committee of the
Senate and the Chairman of the Printing Committee of the
House shall open the bids received in the presence of his full
Printing Committee or in the presence of such members of his
Printing Committee as choose to attend after notice of the time
and place of the said meeting.
Section 6. At such meeting, the respective Printing Com-mittees
shall recommend the award of the contract to the lowest
responsible bidder who demonstrates his, her or its capacity to
supply such printing needs as are set forth in the specifications
furnished, or some part of them, for which he, she or it, has
submitted a bid or bids, and to furnish the same as they are
needed by the respective Houses of the General Assembly. The
Chairmen of the respective Printing Committees shall as soon
as practicable after the Committee meeting and action provided
herein submit the recommendations of the Committee to the full
Senate or the full House in session, as the case may be.
Section 7. Each bid submitted under the provisions hereof
shall be accompanied by certified check guaranteeing the good
faith of the bidder payable to the State Treasurer of the State of
Delaware. The amount of said check shall be ten per cent (10%)
14 Chapter 6
PRINTING NEEDS OF THE GENERAL ASSEMBLY
of the total bid whenever such bid is for a lump sum of the total
of the supplies for which the bid is made. Whenever the bid is
on a per page basis, the total value of which is not presently
determinable, the check shall be in the sum of Five Hundred
Dollars ($500.00). Such checks will be returned to the unsuc-cessful
bidders immediately upon the rejection of their bids.
Checks of successful bidders for all items of supplies listed ex-cept
Calendars and Bills will be retained as a guarantee of per-formance
of the contract and will be forfeited to The State of
Delaware upon the successful bidder's failure to enter into a
contract or to complete his contract. The check of the successful
bidder for the Calendar and/or Bills will be returned to him upon
his posting of a performance bond and his entry into a contract
for such printing. If the successful bidder for the Calendar
and/or Bills shall fail to enter into a contract .or to post a per-formance
bond as hereinafter required, his certified check shall
be forfeited to the State of Delaware.
Section 8. The successful bidder for the Calendar shall give
bond to The State of Delaware with good and sufficient surety
or sureties to be approved by the respective Committees on Print-ing
in the sum of Five Thousand Dollars ($5,000.00). Said bond
shall be conditioned for the faithful performance of the con-tract
and a strict compliance with the specifications for such
printing. Said bond shall have attached thereto a warrant of
attorney for confession of judgment thereon, and judgment may
be entered on said bond whenever said Committee shall deem it
advisable.
Section 9. The successful bidder for the printing of Bills
shall give bond to The State of Delaware With good and sufficient
surety or sureties to be approved by the respective Committees
on Printing in the sum of Two Hundred Dollars ($200.00). Said
bond shall be conditioned for the faithful performance of the
cdntract and a strict compliance with the specifications for such
printing. Said bond shall have attached thereto a warrant of
attorney for confession of judgment thereon, and judgment may
be entered on said bond whenever said Committee shall deem it
advisable.
Chapter 6 15
PRINTING NEEDS OF THE GENERAL ASSEMBLY
Section 10. The submission of a bid on any set or sets of
specifications together with a resolution of the Senate awarding
the class or classes of printing covered by such bid to the person,
firm or corporation submitting same and the posting of a per- -
formance bond, where one is required, shall constitute a contract.
Section 11. If any successful bidder to whom a contract has
been awarded shall fail for any reason to perform his contract
in an accurate and good and workmanlike manner and within the
time specified, the respective Committees on Printing may by
notice in writing to such successful bidder annul and cancel such
contract; and such bidder whose contract is so cancelled shall
have no right of action or claim for remuneration for work sup-plied
which did not conform strictly to specifications. The re-spective
Committees on Printing shall be the sole judge of whe-ther
or not work performed meets specifications.
Section 12. Should there be no bids received from respon-sible
bidders and when the General Assembly convenes in Special
Session, the printing needs of the Senate and of the House of
Representatives shall be supplied as the respective Branches of
the General Assembly shall direct.
Section 13. All Acts or parts of Acts inconsistent herewith
are hereby repealed to the extent of such inconsistency only.
Approved January 27, 1947.
16
CHAPTER 7
APPROPRIATION
FIRE COMPANIES
AN ACT APPROPRIATING MONEY TO CERTAIN FIRE
COMPANIES IN THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all Members elected to each House concurring therein):
Section 1. That to each and every Fire Company in the
State of Delaware, outside the limits of the City of Wilmington,
which was on the first day of June, A. D. 1946, and is now, duly
organized and equipped for the fighting of fires, there is hereby
appropriated the sum of One Thousand Dollars ($1,000.00) an-nually
for each of the fiscal years beginning July 1, 1947 and
beginning July 1, 1948, to be used for the prevention and ex-tinguishment
of fires throughout the State and for the mainte-nance
of apparatus and equipment.
The said sum of One Thousand Dollars ($1,000.00) shall be
paid by the State Treasurer to each of the said Fire Companies
within three months after the beginning of each of said fiscal
years.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury, not other-wise
appropriated.
Approved January 28, 1947.
17
CHAPTER 8
APPROPRIATION
LAYTON HOME FOR AGED COLORED PEOPLE
AN ACT APPROPRIATING MONEY TO LAYTON HOME FOR
AGED COLORED PEOPLE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House thereof concurring
therein):
Section 1. That the sum of Four Thousand Four Hundred
Dollars ($4,400.00) be and the same is hereby appropriated to
the Layton Home fOr Aged Colored People for the care and main-tenance
of old age colored persons and for operation expenses
for the biennium beginning July 1, 1947 and ending June 30,
1949.
Two Thousand Two Hundred Dollars ($2,200.00) of said
sum shall be paid within three months after July 1, 1947 and a
like sum of Two Thousand Two Hundred Dollars ($2,200.00)
shall be paid within three months after July 1, 1948.
Section 2. This Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 28, 1947.
18
CHAPTER 9
APPROPRIATION
CHILDREN'S BEACH HOUSE
AN ACT TO PROVIDE FOR THE INSTRUCTION OF THE
INMATES OF THE CHILDREN'S BEACH HOUSE, AND
APPROPRIATING MONEY THEREFOR.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. There is hereby appropriated for the fiscal
year beginning July 1, 1947 and ending June 30, 1948, the sum
of One Thousand One Hundred Twenty-five Dollars ($1,125.00),
and for the fiscal year beginning July 1, 1948 and ending June
30, 1949, the sum of One Thousand One Hundred Twenty-five
Dollars ($1,125.00), to the State Board of Education for the use
of the Lewes Special School District. Said sums shall be used
to provide and maintain instructional service for the inmates
of the Children's Beach House.
The said sums shall be paid by the State Treasurer upon
proper warrant or warrants signed by the officers of the State
Board of Education.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act, and the money hereby appropriated shall be
paid out of the General Fund of the State Treasury, not other-wise
appropriated.
Approved January 28, 1947.
CHAPTER 10
APPROPRIATION
DELAWARE SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS
AN ACT APPROPRIATING MONEY TO THE DELAWARE
SOCIETY FOR THE PREVENTION OF CRUELTY TO
ANIMALS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all Members elected to each House concurring therein):
Section 1. That the sum of One Thousand Dollars
($1,000.00) be and the same is hereby appropriated to the Dela-ware
Society for the Prevention of Cruelty to Animals, for the
biennium beginning July 1, 1947 and ending June 30, 1949, for
salaries, wages and for operation.
Five Hundred Dollars ($500.00) of said sum shall be paid
within three months after July 1, 1947, and a like sum of Five
Hundred Dollars ($500.00) shall be paid within three months
after July 1, 1948.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 28, 1947.
19
20
CHAPTER 11
APPROPRIATION
PALMER HOME, INC.
AN ACT APPROPRIATING CERTAIN MONEY TO PALMER
HOME, INCORPORATED.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House thereof concurring
therein):
Section 1. That the sum of Seven Thousand Seven Hun-dred
Dollars ($7,700.00), be and the same is hereby appropriated
to Palmer Home, Incorporated, a corporation of the State of
Delaware, for the care and maintenance of old age persons at
its Old Folk's Home at Dover, and for operation for the biennium
beginning July 1, 1947 and ending June 30, 1949.
Three Thousand Eight Hundred and Fifty Dollars
($3,850.00) of said sum shall be paid within three months after
July 1, 1947 and a like sum of Three Thousand Eight Hundred
and Fifty Dollars ($3,850.00) shall be paid within three months
after July 1, 1948.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 28, 1947.
CHAPTER 12
DELAWARE STATE HOSPITAL AT FARNHURST
AN ACT AUTHORIZING THE STATE BOARD OF TRUSTEES
OF THE DELAWARE STATE HOSPITAL TO EXPEND
MONEY FROM THE SPECIAL ACCOUNT FUND OF THE
DELAWARE STATE HOSPITAL FOR BUILDING PUR-POSES.
WHEREAS, it has been found impossible to obtain the ser-vices
of desirable officers and employees at the Delaware State
Hospital without being able to offer them adequate housing facil-ities;
and
WHEREAS, the State Board of Trustees of the Delaware
State Hospital deems it necessary to be in a position to offer such
facilities to desirable and prospective officers and employees,
Now, Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That notwithstanding the prohibition contained
in paragraph 3081. Sec. 16 of Chapter 76 of the Revised Code of
Delaware, 1935, the State Board of Trustees of the Delaware
State Hospital is hereby authorized to expend the sum of One
Hundred Twenty-five Thousand Dollars ($125,000.00) out of the
Special Account Fund of the Delaware State Hospital for the
purpose of erecting seventeen (17) dwellings for the use of doc-tors
and employees of the hospital.
Section 2. The erection of the housing units herein author-ized
shall be under the direction and control of the State Board
of Trustees of the Delaware State Hospital at Farnhurst.
Approved January 29, 1947.
21
22
CHAPTER 13
APPROPRIATION
BURIAL OF INDIGENT SOLDIERS, SAILORS AND MARINES
AN ACT APPROPRIATING MONEY FOR THE BURIAL OF
INDIGENT SOLDIERS, SAILORS AND MARINES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That for each of the two fiscal years beginning
July 1, 1947, and ending June 30, 1948, and beginning July 1,
1948, and ending June 30, 1949, the sum of Four Thousand
Dollars ($4,000.00) be and the same is hereby appropriated out
of the General Funds of the State for the burial of indigent
soldiers, sailors and marines of this State pursuant to Section
72, Chapter 8, of the Revised Code of Delaware 1935.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 29, 1947.
CHAPTER 14
APPROPRIATION
VETERANS OF FOREIGN WARS
AN ACT APPROPRIATING MONEY TO THE VETERANS OF
FOREIGN WARS, DEPARTMENT OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House concurring therein):
Section 1. That the sum of Three Thousand Dollars
($3,000.00) be and the same is hereby appropriated to the Veter-ans
of Foreign Wars, Department of Delaware, for operation
expenses for the biennium beginning July 1, 1947 and ending
June 30, 1949. Fifteen Hundred Dollars ($1,500.00) of said sum
shall be paid within three months after July 1, 1947 and a like
sum of Fifteen Hundred Dollars ($1,500.00) shall be paid within
three months after July 1, 1948, to the duly elected Finance
Officer of the Veterans of Foreign Wars, Department of Dela-ware,
upon warrants signed by the said Finance Officer and ap-proved
by the Auditor of Accounts.
Section 2. This Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 29, 1947.
23
24
CHAPTER 15
APPROPRIATION
AMERICAN LEGION
AN ACT APPROPRIATING MONEY TO THE AMERICAN
LEGION, DEPARTMENT OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House concurring therein):
Section 1. That the sum of Four Thousand Dollars
($4,000.00) be and the same is hereby appropriated to the Ameri-can
Legion, Department of Delaware, for operation expenses for
the biennium beginning July 1, 1947 and ending June 30, 1949.
Two Thousand Dollars ($2,000.00) of said sum shall be paid
within three months after July 1, 1947 and a like sum of Two
Thousand Dollars ($2,000.00) shall be paid within three months
after July 1, 1948, to the duly elected Finance Officer of the
American Legion, Department of De/aware, upon warrants sign-ed
by the said Finance Officer and approved by the Auditor of
Accounts.
Section 2. This Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 29, 1947.
CHAPTER 16
APPROPRIATION
UNITED SPANISH WAR VETERANS
AN ACT APPROPRIATING MONEY TO THE UNITED
SPANISH WAR VETERANS, DEPARTMENT OF DELA-WARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House concurring therein):
Section 1. That the sum of One Thousand Dollars
($1,000.00) be and the same is hereby appropriated to the United
Spanish War Veterans, Department of Delaware, for the bien-nium
beginning July 1, 1947 and ending June 30, 1949 for oper-ation
expenses. Five Hundred Dollars ($500.00) of said sum
shall be paid within three months after July 1, 1947 and a like
sum of Five Hundred Dollars ($500.00) shall be paid within
three months after July 1, 1948, to the duly elected Finance
Officer of the United Spanish War Veterans, Department of
Delaware, upon warrants signed by the said Finance Officer and
approved by the Auditor of Accounts.
Section 2. This Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 29, 1947.
25
26
CHAPTER 17
APPROPRIATION
BOARD OF MANAGERS OF THE DETENTION HOME
AN ACT APPROPRIATING MONEY TO THE "BOARD OF
MANAGERS OF THE DETENTION HOME" FOR SAL-ARIES
AND WAGES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. The sum of Five Thousand Five Hundred Dol-lars
($5,500.00) be and the same is hereby appropriated to' the
"Board of Managers of the Detention Home" for juvenile de-linquents,
for salaries and wages.
The said sum of Five Thousand Five Hundred Dollars
($5,500.00) shall be paid to the said "Board of Managers of the
Detention Home", in two equal, annual installments of Two
Thousand Seven Hundred and Fifty Dollars ($2,750.00), for the
years ending June 30, 1948 and June 30, 1949.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved January 30, 1947.
CHAPTER 18
APPROPRIATION
KENT AND SUSSEX COUNTY FAIR, INCORPORATED
AN ACT APPROPRIATING CERTAIN MONEYS TO KENT
AND SUSSEX COUNTY FAIR, INCORPORATED, FOR
PRIZES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House concurring therein):
Section 1. That the sum of Seven Thousand Dollars
($7,000.00) is hereby appropriated out of the Treasury Of the
State of Delaware to the "Kent and Sussex County Fair, Incor-porated",
a corporation of the State of Delaware, for the fiscal
year beginning July 1, 1947 and ending June 30, 1948, and a like
sum of Seven Thousand Dollars ($7,000.00) for the fiscal year
beginning July 1, 1948 and ending June 30, 1949. Said appro-priation
shall be used and expended only for prizes for meritor-ious
achievements in agriculture, stock and poultry raising, and
in works of manual training and the domestic arts. Such prizes
shall be awarded by an Award Committee, which shall be ap-pointed
within ten days after this Act becomes effective, one
member of which shall be named by the Governor from the per-sonnel
of the State Board of Agriculture, and the remaining
members shall be named by the Kent and Sussex County Fair,
Incorporated. Said corporation shall on or before the first day of
December in each of said fiscal years, file with the State Auditor
a sworn itemized statement showing the name of each person
to whom a prize has been awarded, for what each prize was
awarded and the amount of each prize, and showing also the
grand total of said prizes, which statement shall be sworn to
and signed before a Notary Public, by both the President and
Treasurer of said corporation; when said statement shall have
been audited by the State Auditor and found to be true and
correct and according to law he shall authorize and direct the
State Treasurer to pay to said corporation in each of said fiscal
years the total sum shown to be due for prizes by said itemized
97
28 Chapter 18
APPROPRIATION
KENT AND SUSSEX COUNTY FAIR, INCORPORATED
list; provided, however, said sum shall not exceed Seven Thou-sand
Dollars ($7,000.00) for each of said years and should said
sum be less than the amount appropriated by this Act, then the
unused balance shall each year remain in and revert to the State
Treasury and shall in no ease be paid to said corporation.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Funds of the State Treasury, not other-wise
appropriated.
Approved January 30, 1947.
CHAPTER 19
GREAT SEAL OF DELAWARE
AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO
PROCURE A NEW SEAL, TO BE USED AS THE GREAT
SEAL OF THE STATE OF DELAWARE, AND FOR
OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the Secretary of State be, and he is hereby
authorized to procure a new seal and press, to be used as the
Great Seal of the State of Delaware, which said seal shall not
exceed three inches in diameter, and shall be emblazoned as
follows: Party per fess, or and argent, the first charged with a
garb (wheat sheaf) in bend dexter; and an ear of maize (Indian
corn) in bend sinister, both proper; the second charged with an
ox stantant, ruminating, proper; fess, wavy azure-supporters on
the dexter, a husbandman with a hilling hoe, on the sinister, a
rifleman armed and accoutred, at ease. Crest, on a wreath azure
and argent, a ship under full sail, proper; with the words "Great
Seal of the State of Delaware", and also, the words "Liberty and
Independence" engraved thereon.
Section 2. That when the said seal and press shall be so
procured as aforesaid, the Secretary of State shall break and
destroy, or cause to be broken and destroyed, the Seal now used
as the Great Seal of the State of Delaware, and shall keep and
use the new seal, by him procured as aforesaid, for all purposes
for which the Great Seal of the State is now used.
Approved February 3, 1947.
29
30
CHAPTER 20
SEAL OF THE SECRETARY OF STATE
AN ACT AUTHORIZING THE SECRETARY OF STATE TO
PROCURE A NEW PRESS AND SEAL OF OFFICE AND
TO MAKE PROVISION FOR THE CUSTODY AND USE
OF THE PRESENT SEAL.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the Secretary of State be and he is hereby
authorized to procure for his office a new press ansl seal; said
seal to be made of steel or brass, of the same diameter as the
present seal and engraved with the same devices; and when
completed, the said seal shall be taken, adjudged and deemed to
be the seal of the Secretary of State, as provided by 362. Sec. 17.
Chapter 11, of the Revised Code of Delaware, 1935.
Section 2. That when the said seal shall be so procured as
aforesaid, the Secretary of State shall place the present seal of
the Secretary of State in the custody of the Governor, said
seal to be used in emergencies only with the knowledge and con-sent
of the Governor of the State.
Approved February 3, 1947.
31
CHAPTER 21
APPROPRIATION
OBSERVANCE OF MEMORIAL DAY
AN ACT APPROPRIATING MONEY FOR THE OBSERVANCE
OF MEMORIAL DAY IN HONOR OF THE DECEASED
MEMBERS OF THE GRAND ARMY OF THE REPUBLIC.
WHEREAS, it has been the custom at each Regular Session
of the General Assembly to appropriate funds to the G. A. R.,
Department of Delaware, for the proper observance of Memorial
Day; and
WHEREAS, the Department of Delaware, Grand Army of
the Republic, has passed out of existence and a new organization
or group must be found to provide for the decoration of graves
of Civil War Veterans and to otherwise arrange for the proper
observance of Memorial Day in honor of such deceased veterans;
and
WHEREAS, Appomattox Camp No. 2, Sons of Union Veter-ans
of the Civil War, located in th4 State of Delaware, is wiling
to assume the responsibility for Memorial Day observances for-merly
arranged by the G. A. R., Department of Delaware, Now,
Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the Members elected to each House concurring therein):
Section 1. That the sum of Two Thousand Dollars
($2,000.00) be and the same is hereby appropriated to Appo-mattox
Camp No. 2, Sons of Union Veterans of the Civil War,
for the biennium beginning July 1, 1947 and ending June 30,
1949. One Thousand Dollars ($1,000.00) of said sum shall be
available for the fiscal year ending June 30, 1948 and a like sum
of One Thousand Dollars ($1,000.00) shall be available during
the fiscal year ending June 30, 1949. The State Treasurer is
hereby authorized and directed to pay out of the funds so ap-
32 Chapter 21
APPROPRIATION
OBSERVANCE OF MEMORIAL DAY
propriated such sums as are listed on itemized vouchers duly
signed and approved by the proper officials of Appomattox Camp
No. 2, Sons of Union Veterans of the Civil War.
Section 2. The money hereby appropriated shall be used
for the decoration of graves of deceased veterans of the Civil
War, memorial exercises and observances planned in honor of
such veterans, and for necessary expenses in connection with
such decoration, exercises and observances.
Section 3. This Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved February 3, 1947.
CHAPTER 22
BOARD OF PILOT COMMISSIONERS
AN ACT TO AMEND CHAPTER 35 OF THE REVISED CODE
OF DELAWARE, 1935, ENTITLED, "BOARD OF PILOT
COMMISSIONERS", BY INCREASING THE RATE FOR
THE PILOTAGE OF VESSELS DRAWING OVER
TWELVE FEET OF WATER.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 1083. Sec. 19. of Chapter 35, Revised Code
of Delaware, 1935, be amended by striking out all of said section
and enacting in lieu thereof a new section 1083. Sec. 19., as fol-lows,
to-wit:
1083. Sec. 19. Pilotage Rates :The rates of pilotage for
conducting a vessel from the Capes of the Delaware to the City
of Philadelphia or other place on the River Delaware, and from
the City of Philadelphia or other place on the River Delaware,
to the Capes of the Delaware, in either case shall be for every
half foot of water which a vessel shall draw under, up to and
including twelve feet, the sum of two dollars per half foot and
for every vessel drawing over twelve feet, the sum of three dol-lars
per half foot of water. A deduction of ten per centum from
the said rates shall be made when an inward-bound vessel is
first spoken by the pilot inside of a straight line drawn from
Cape Henlopen Light to Cape May Light Every such vessel
bound to the Breakwater for orders shall pay pilotage fees as
follows: a sum equal to one-half of the inward rates of pilotage
to the Port of Philadelphia, and the same fees when outward
bound from the Breakwater.
Approved February 4, 1947.
33
34
CHAPTER 23
APPROPRIATION
PENSIONS FOR RETIRED AND DISABLED TEACHERS
AN ACT MAKING AN APPROPRIATION TO THE STATE
BOARD OF EDUCATION FOR USE IN PAYMENT OF
PENSIONS TO RETIRED AND DISABLED PUBLIC
SCHOOL TEACHERS OF DELAWARE.
WHEREAS, the State Board of Education is required by
law to pay pensions or allowances to the retired and disabled
teachers who have taught in the public schools within the State
of Delaware; and
WHEREAS, in order to pay pensions or allowances for the
remainder of the present fiscal year ending June 30, 1947, to
the retired and disabled teachers who have taught in the public
schools within the State of Delaware, the State Board of Edu-cation
needs additional funds, Now, Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That in addition to any other moneys appropri-ated
to the State Board of Education for the fiscal year ending
June 30, 1947, there is hereby appropriated to the said State
Board of Education the further stated sum of Sixteen Thousand
Four Hundred and Sixty Dollars ($16,460.00) as a deficiency
and emergency appropriation for the use of said State Board of
Education in paying pensions or allowances to retired and dis-abled
teachers who have taught in public schools within the
State of Delaware.
That the said sum shall be paid to the said State Board of
Education on the approval of this Act for its use during the
remainder of the fiscal year ending June 30, 1947.
Section 2. This Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Fund of the State Treasury not other-wise
appropriated.
Approved February 4, 1947.
CHAPTER 24
APPROPRIATION
EDUCATION AND TRAINING OF CHILDREN OF VETERANS
AN ACT APPROPRIATING MONIES FOR EDUCATION AND
TRAINING OF CHILDREN OF VETERANS OF WORLD
WAR I AND WORLD WAR II WHO DIED WHILE IN THE
SERVICE OF THE ARMY, NAVY, MARINE CORPS OR
COAST GUARD OF THE UNITED STATES OR WHO
DIED FROM DISEASE, WOUNDS OR DISABILITIES
RESULTING FROM SUCH SERVICE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. The sum of Six Thousand Dollars ($6,000.00)
be and the same hereby is appropriated for the use and benefit
of the children, as hereinafter defined, of members of the per-sonnel,
male and female, who have served, or are now serving, or
who may hereafter serve in any branch of the Army, Navy,
Marine Corps or Coast Guard of the United States of America
and who were killed, or who may hereafter be killed, while in
such service, and/or who may have died or may hereafter die
from disease, wounds or disabilities arising, and/or resulting
from such service, either in World I or World War II, for the
biennium beginning July 1, 1947 and ending June 30, 1949. Three
Thousand Dollars (3,000.00) of said sum is hereby appropriated
for the year beginning July 1, 1947 and ending June 30, 1948, and
Three Thousand Dollars ($3,000.00) of said sum is hereby ap-propriated
for the year beginning July 1, 1948 and ending June
30, 1949.
Section 2. The word "children" referred to in Section 1 of
this Act is further defined as those children who are not under
sixteen (16) years of age or over twenty-one (21) years of age
and who have been domiciled in the State of Delaware for twelve
(12) or more consecutive months prior to the application for
assistance under this Act, and who are attending or may here-after
attend any educational or training institution in the State
of Delaware, provided, however, that any child having entered
upon a course of training or education, under the provisions of
35
36 Chapter 24
APPROPRIATION
EDUCATION AND TRAINING OF CHILDREN OF VETERANS
this Act, consisting of a course of not more than four years, and
arriving at the age of twenty-one (21) years before the comple-tion
of said course, may continue in said course and receive all
the benefits of the provisions of this Act until said course is
completed.
Section 3. The money appropriated by this Act shall be
used for the purpose of providing and paying any tuition, matric-ulation
fees, board and room rent, books and school supplies, and
other incidental items in connection with the education and/or
training of such children in a sum not to exceed Two Hundred
and Fifty Dollars ($250.00) for any one child for any one year.
Section 4. That the amounts that may be due or become
due to any such educational or training institution, not in excess
of the amount specified in Section 3 hereof shall be payable to
said institution as herein mentioned from the funds hereby
created on vouchers approved by the Director of the State Board
for Vocational Education. And it is hereby made the duty of
said Director to ascertain and pass on the eligibility of the chil-dren
who may make application for the benefits provided in this
Act; to satisfy himself of the attendance of such children at any
such institution as is herein specified, and of the accuracy of the
charge or charges submitted to said Director by the authorities
of any such institution, on account of the attendance thereat of
any such children as is herein provided for; provided that the
necessary expenses incidental to the administration of the pro-visions
of this Act shall be paid by the State Treasurer upon
proper vouchers signed by the State Auditor, but said expenses
shall not exceed the sum of Two Hundred and Fifty Dollars
($250.00) in any one year, and further provided that said inci-dental
expenses so appropriated shall be in addition to the moneys
appropriated in Section 1 of this Act.
Section 5. This Act shall be known as a Supplementary
Appropriation Act and the moneys hereby appropriated shall be
paid out of the General Fund of the State Treasury not other-wise
appropriated.
Approved February 4, 1947.
CHAFFER 25
GAME
PROVIDING FOR REMOVAL OF DUCK BLINDS IN CERTAIN
BAYS AND TRIBUTARIES
AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE
OF DELAWARE, 1935, RELATING TO FISH, OYSTERS
AND GAME, BY THE REPEAL OF 2820A. SECTION 19A.
THEREOF, PROVIDING FOR LICENSING AND REGU-LATIONS
OF DUCK BLINDS IN THE WATERS OF RE-HOBOTH
BAY, INDIAN RIVER AND BAY, ASSAW0-
MAN BAY, AND THE TRIBUTARIES THEREOF AS
THE SAME APPEAR IN CHAPTER 205, VOLUME 45,
LAWS OF DELAWARE; PROVIDING FOR REMOVAL
OF ALL STAKE, BRUSH OR BOOBY BLINDS IN SAID
WATERS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 74, of the Revised Code of Dela-ware,
1935, be and the same is hereby amended by striking out
and repealing all of 2820A. Section 19A. thereof, as the same
appears in Chapter 205, Volume 45,, Laws of Delaware.
Section 2. On and after the approval of this Act, the Board
of Game and Fish Commissioners shall cause notice to be sent
to the owner, lessee or licensee of land bordering the Rehoboth
Bay, Indian River and Bay, Assawoman Bay and the tributaries
thereof, who have erected, constructed or maintained stake,
brush or booby blinds in...the said waters in front of the property
which they own, lease or license to remove said stake, brush or
booby blinds from said waters on or before the first day of June,
A. D. 1947.
Section 3. Any owner, lessee or licensee failing to remove
the stake, brush or booby blinds on or before the first day of
June, A. D. 1947, after notice from the Board of Game and Fish
Commissioners shall be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be fined not less than One Hun-dred
Dollars ($100.00) nor more than Two Hundred and Fifty
Dollars ($250.00) in the discretion of the Court.
Approved February 11, 1947.
37
38
CHAPTER 26
DELAWARE, WORKMEN'S COMPENSATION LAW
SECOND INJURY FUND
AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"DELAWARE WORKMEN'S COMPENSATION LAW",
IN RELATION TO TIME OF PAYMENTS OF PERCEN-TUM
ON ALL WORKMEN'S COMPENSATION OR EM-PLOYER
LIABILITY PREMIUMS TO THE BOARD.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 6080. Section 10, Subsection (e) of Chap-ter
175 of the Revised Code of Delaware, 1935, as amended, be
further amended by striking out and repealing all of the second
paragraph of said Subsection (e) and substituting in lieu thereof
a new paragraph as follows:
Every insurance carrier insuring employers who are or may
be liable under this Chapter to pay for compensation for personal
injuries to or death of their employees under the provisions of
this Chapter shall pay annually, on or before March 1st of each
year, to the Industrial Accident Board for the State of Delaware
a sum equal to one-half (/2) of one percentum (1%) on all Work-men's
Compensation or Employer Liability premiums received
by the carrier during the calendar year next preceding the due
date of such payment. Every employer carrying his own risk
and thereby insuring himself under the provisions of this Chap-ter,
on or before January 30th of each year, shall pay to the
Industrial Accident Board for the State of Delaware, a sum equal
to one-half (1/2) of one percentum (1%) of the premium which
said employer would have had to pay for the preceding year for
Workmen's Compensation or Employer Liability insurance, said
premium being in accordance with classifications and premium
rates approved by the Board for the purpose of fixing compen-sation
and insurance rates. Such sums shall be paid by the
Industrial Accident Board to the State Treasurer, to be deposited
Chapter 26 39
DELAWARE WORKMEN'S COMPENSATION LAW
SECOND INJURY FUND
in a special account known as "Industrial Accident Board Sec-ond
Injury Fund", and which said funds shall not be a part of
the General Fund of the State of Delaware, and any balance re-maining
in said account at the end of any fiscal year shall not
revert to the General Fund. Any carrier or employer who is a
self-insurer who shall make payments to an employee for total
disability under the provisions of this Subsection upon an award
being made for the same by the Board, shall be entitled to reim-bursement
for said payments from the "Industrial Accident
Board Second Injury Fund" herein created; provided, however,
that these reimbursements to such carrier and employer carrying
his own risk and thereby insuring himself shall be made upon a
semi-annual basis, that is to say, on the Fifteenth (15th) Day of
January and July of each year. The reimbursements shall be
made upon warrants, on the Treasurer of the State of Delaware,
signed by the Secretary of the Industrial Accident Board.
Approved February 11, 1947.
40
CHAPTER 27
DELAWARE WORKMEN'S COMPENSATION LAW
RESPECTING MEDICAL AND SURGICAL CARE
AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"DELAWARE WORKMEN'S COMPENSATION LAW",
BY EXTENDING THE PROVISIONS FOR PAYMENTS
THEREUNDER, IN RELATION TO SURGICAL, MEDI-CAL
AND HOSPITAL SERVICES AND SUPPLIES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 6078. Sec. 8. of Chapter 175 of the Revised
Code of Delaware, 1935, be amended by striking out and repeal-ing
all of subsection (b) thereof and enacting and substituting
in lieu thereof a new subsection (b) as follows:
(b) During the first thirty (30) days of the injury the
employer shall furnish reasonable surgical, medical, and hos-pital
services, medicine, and supplies, as and when needed, unless
the employee refuses to allow them to be furnished by the em-ployer.
The costs of such services, medicines, and supplies shall
not exceed the regular costs for such services, medicines and
supplies, and in case of controversy the costs shall be subject
to the approval of the Industrial Accident Board. If the employer
shall, upon application made to him, refuse to furnish reason-able
surgical, medical, and hospital services, medicines, and sup-plies,
the employee may procure the same and shall receive from
the employer the reasonable cost thereof within the above limi-tations.
Approved February 11, 1947.
CHAPTER 28
DELAWARE WORKMEN'S COMPENSATION LAW
WAGE OP VOLUNTEER FIREMEN
AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"DELAWARE WORKMEN'S COMPENSATION LAW",
BY FIXING THE WAGE OF VOLUNTEER FIREMEN ON
WHICH COMPENSATION IS BASED.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 6118. Sec. 48 of Chapter 175 of the Revised
Code of Delaware, 1935, as amended, be amended by adding there-to
a new sentence at the end of the last paragraph thereof as the
same appears in Volume 44, Laws of Delaware, 1943, as follows:
The wage of Volunteer Firemen on which compensation is
based shall be the wage received in the regular employment of
such firemen.
Approved February 11, 1947.
41
42
CHAPTER 29
DELAWARE WORKMEN'S COMPENSATION LAW
EXTENDING PROVISIONS FOR PAYMENTS
AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"DELAWARE WORKMEN'S COMPENSATION LAW",
BY EXTENDING THE PROVISIONS FOR PAYMENTS
THEREUNDER DURING THE CONTINUANCE OF
TOTAL DISABILITY.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 6080. Sec. 10. of Chapter 175 of the Revised
Code of Delaware, 1935, as amended, be further amended by
striking out and repealing all of the first paragraph thereof and
by substituting in lieu of the part so stricken out the following
new first paragraph, as follows:
6080. Sec. 10. Total Disabilities, Compensation for; Sched-ules
for Partial Disabilities; Schedules for; Death; Compensation
to Dependents:The following schedule of compensation is here-by
established for injuries resulting in total disability:
(a) During the continuance of total disability, sixty per-cent=
(60%) of the wages of the injured employee as defined
by this Chapter; but the compensation shall not be more than
Twenty-One Dollars ($21.00) per week nor less than Eight Dol-lars
($8.00) per week; provided that if at the time of injury
the employee receives wages of less than Eight Dollars ($8.00)
per week, then he shall receive the full amount of such wages
per week as compensation. Nothing in this sub-section (a) shall
require the payment of compensation after disability shall cease.
Approved February 11, 1947.
CHAPTER 30
DELAWARE WORKMEN'S COMPENSATION LAW
SECOND INJURY FUND
AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"DELAWARE WORKMEN'S COMPENSATION LAW",
BY EXTENDING THE PROVISIONS FOR PAYMENTS
THEREUNDER DURING THE CONTINUANCE OF
TOTAL DISABILITY.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 6080. Sec. 10. Subsection (e) of Chapter
175 of the Revised Code of Delaware, 1935, be further amended
by striking out and repealing all of the first paragraph of said
subsection (e) and substituting in lieu thereof a new paragraph,
as follows:
6080. Sec. 10. (e) Whenever a subsequent permanent
injury occurs to an employee who has previously sustained a per-manent
injury, from any cause, whether in line of employment
or otherwise, the employer for whom such injured employee was
working at the time of such subsequent injury, shall be required
to pay only that amount of compensation as would be due for
such subsequent injury without regard to the effect of the prior
injury. Provided, however, that whenever such subsequent per-manent
injury in connection with a previous permanent injury
results in total disability as defined in subsection (c) of this sec-tion,
the employee shall be paid compensation for such total dis-ability,
as provided in subsection (a) of this Section, during the
continuance of total disability; such compensation to be paid
out of a special fund known as "Industrial Accident Board Second
Injury Fund" and created for such purpctse in the following
manner:
Approved February 11, 1947.
43
44
CHAPTER 31
DELAWARE HARNESS RACING COMMISSION
RESPECTING PARI MUTUEL AND TOTALIZATOR POOLS
AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PRO-VIDE
FOR THE REGULATION, CONTROL AND LICENS-ING
OF HARNESS RACING IN THE STATE OF DELA-WARE",
BEING CHAPTER 303, VOLUME 45, LAWS OF
DELAWARE, 1944-45, RELATING TO COMMISSIONS ON
PAR! MUTUEL OR TOTALIZATOR POOLS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Section 15 of Chapter 303, Volume 45, Laws
of Delaware, 1944-45, be amended by striking out and repealing
all of the eighth paragraph thereof as the same appears on Pages
1148 and 1149 of Volume 45, Laws of Delaware, 1944-45, and
substituting in lieu thereof a new paragraph as follows:
The Delaware Harness Racing Commission shall authorize
commissions on pail mutuel or totalizator pools to the person,
associa.tion or corporation operating a harness race meeting,
which said commissions shall be a sum equal to ten and one-half
percent (101/2%) of the total contributions to all pan i mutuel
and totalizator pools conducted or made at said harness race
meeting, and every harness race at said meeting, plus the odd
cents of all re-distributions to be made on all pan i mutuel or
totalizator pool contributions exceeding the sum equal to the next
lowest multiple of five, such odd cents to be calculated upon the
basis of each dollar wagered.
Approved February 11, 1947.
45
CHAPTER 32
APPROPRIATION
HOSPITALS
AN ACT APPROPRIATING MONEYS TO CERTAIN HOSPI-TALS
IN THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of the members of each House concurring therein):
Section 1. There is hereby appropriated for the mainte-nance,
equipment and operation of the hospitals hereinafter men-tioned
for each of the fiscal years beginning July 1, 1947 and
July 1, 1948 the sums of money set after the names of such hos-pitals,
respectively, viz:
To Kent General Hospital at Dover $ 14,100.00
To Milford Memorial Hospital, Inc., at Milford 24,750.00
To Beebe Hospital of Sussex County, Inc., at Lewes 24,750.00
To Homeopathic Hospital Association of Delaware,
at Wilmington 51,975.00
To St. Francis Hospital, Incorporated, at Wilmington 25,740.00
To The Delaware Hospital, Inc., at Wilmington. 90,000.00
To Wilmington General Hospital Association, at
Wilmington 42,075.00
Total $273,390.00
Each of said appropriations shall be paid to said respective
hospitals in equal quarterly installments on the first days of
July, October, January and April in each of the fiscal years 1947
and 1948.
Section 2. This Act shall be known as a Supplementary
Appropriation Act, and the funds hereby appropriated shall be
paid from the general funds of the State Treasury not otherwise
appropriated, in accordance with the provisions of this Act.
Approved February 14, 1947.
46
CHAPTER 33
APPROPRIATION
DISTRICT LIBRARY COMMISSIONS
AN ACT APPROPRIATING CERTAIN MONIES FOR THE
SUPPORT AND MAINTENANCE OF THE DISTRICT
LIBRARY COMMISSIONS OF THE STATE OF DELA-WARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That for each of the two fiscal years beginning
July 1, 1947, and ending June 30, 1948, and beginning July 1,
1948, and ending June 30, 1949, the sum of Five Thousand Seven
Hundred and Fifty Poliars ($5,750.00) be and the same is here-by
appropriated Out of the General Funds of the State for the
support and maintenance of the District Library Commissions
of this State, pursuant to the provisions of Chapter 34 of the
Revised Code of Delaware, 1935.
Year Ending June 30,
1948 1949
DISTRICT LIBRARY COMMISSION:
Dover Free Library $500.00 $500.00
Seaford Free Library 500.00 500.00
Milford Free Library 500.00 500.00
Milton Free Library 200.00 200.00
Frankford Free Library 150.00 150.00
Lewes Free Library 150.00 150.00
Newark Free Library 500.00 500.00
Laurel Free Library 200.00 200.00
Selbyville Free Library 100.00 100.00
Smyrna Free Library 300.00 300.00
Bridgeville Free Library 150.00 150.00
Odessa Free Library 300.00 300.00
Delmar Free Library 200.00 200.00
Rehoboth Free Library 200.00 200.00
New Castle Free Library 500.00 500.00
Claymont Free Library 500.00 500.00
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved February 14, 1947.
Chapter 33 47
APPROPRIATION
DISTRICT LIBRARY COMMISSIONS
Middletown Free Library 500.00 500.00
Georgetown Free Library 150.00 150.00
Harrington Free Library 150.00 150.00
Total District Library Commissions $5,750.90 $5,750.00
48
CHAPTER 34
EMERGENCY AND DEFICIENCY APPROPRIATION
STATE BOARD OF WELFARE
AN ACT MAKING AN APPROPRIATION TO THE STATE
BOARD OF WELFARE FOR CERTAIN EMERGENCIES
AND CONDITIONS.
WHEREAS, The State Board of Welfare is required by law
to establish and maintain foster homes and to carry out a Child
Welfare Service in the State of Delaware; and
WHEREAS, in order to maintain foster homes for the pres-ent
case load of children, the State Board of Welfare had to
increase their board rate; and
WHEREAS, there has been an increased cost of clothing,
medical and dental services for the present case load of children,
cared for by the State Board of Welfare, Now, Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That in addition to any other moneys appro-priated
to the State Board of Welfare for the fiscal year ending
June 30, 1947, there is hereby appropriated to the said State
Board of Welfare the stated sum of Twenty-nine Thousand
Dollars ($29,000.00) as a deficiency and emergency appropriation
for general use of the said board in carrying out the work and
duties in respect to its child welfare services and foster home
placement program of the present case load of children.
That the said sum is to be made available and paid to the
said State Board of Welfare on or before March 31, 1947.
Section 2. This Act is to be known as a Supplementary
Appropriation Act, and funds hereby appropriated shall be paid
out of the General Fund of the State Treasury not otherwise
appropriated.
Approved February 14, 1947.
49
CHAPTER 35
APPROPRIATION
CONTROL OF DISEASES OF HOGS IN SUSSEX COUNTY
AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX
COUNTY TO APPROPRIATE COUNTY MONIES FOR
THE CONTROL OF DISEASES OF HOGS IN SUSSEX
COUNTY.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the Levy Court of Sussex County be and
it is hereby authorized and directed to appropriate a sum not
exceeding Three Thousand Dollars ($3,000.00), for each of the
fiscal years beginning July 1, 1947 and ending June 30, 1948,
and beginning July 1, 1948 and ending June 30, 1949, to be used
and expended for the control of diseases of hogs in Sussex County
by the introduction, maintenance and advancement of the latest
and most approved method for control and cure of diseases of
hogs.
If, for the furtherance of this purpose, the hogs of any
owner who is a resident of Sussex County shall require vaccina-tion,
inoculation or other similar treatment, the vaccine or other
medicament or material may be furnished free of charge to such
owner. Provided, however, that no free vaccine or other medi-cament
or material shall be furnished under the provisions of
this Act, if such owner has received under the provisions hereof
or under the provisions of any other State law or appropriation
free vaccine, medicament or material for the treatment of 25
hogs in any one year.
Section 2. In all cases where such treatment of hog diseases
is necessary the owner or owners shall pay the expenses of a
Veterinarian or other person employed to administer such treat-ment.
Section 3. The Levy Court of Sussex County is hereby
authorized to consult and obtain the assistance and advice of
the State Board of Agriculture and any licensed Veterinarian in
Sussex County in carrying out the provisions of this Act.
Approved February 14, 1947.
50
CHAPTER 36
APPROPRIATION
PENSION FUND FOR DISABLED SCHOOL TEACHERS
AN ACT APPROPRIATING CERTAIN MONEYS TO PRO-VIDE
A PENS/ON FUND FOR RETIRED AND DIS-ABLED
PUBLIC SCHOOL TEACHERS OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated for each of
the fiscal years in the biennium beginning July 1, 1947, and
ending June 30, 1949, the sum of Fifty-five Thousand Six Hun-dred
and Eighty Dollars ($55,680.00) to create a fund for the
purpose of paying pensions or allowances to retired and dis-abled
teachers who have taught in public schools within the
State of Delaware.
Section 2. The funds hereby appropriated shall be expend-ed
in accordance with the provisions of Chapter 106, Volume 45,
Laws of Delaware, 1945, except that after the first day of July
A. D. 1947, the monthly payments made to individuals who qual-ify
for such pensions or allowances as are provided in said Chap-ter
106 shall be Forty Dollars ($40.00) instead of Thirty Dollars
($30.00).
Section 3. This Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Fund of the State Treasury not otherwise
appropriated.
Approved February 14, 1947.
CHAPTER 37
DEFICIENCY APPROPRIATION
STATE BOARD OF WELFARE
AN ACT MAKING AN APPROPRIATION TO THE STATE
BOARD OF WELFARE FOR CERTAIN EMERGENCIES
AND CONDITIONS, IN RELATION TO AID TO DE-PENDENT
CHILDREN.
WHEREAS, the State Board of Welfare is required by law
to administer assistance to dependent children, such assistance
to be granted to any eligible dependent child in such sum as to
provide such child with a reasonable subsistence compatible to
decency and health; and
WHEREAS, there has been a substantial increase in costs
of living which has made it necessary for the Board to increase
the size of the grants in order to provide a reasonable subsis-tence
compatible to decency and health for the present case load
of depenclent children; and
WHEREAS, the funds heretofore appropriated and made
available for the use of the State Board of Welfare in its aid to
dependent children program will be exhausted on or about Feb-ruary
28, 1947; and
WHEREAS, unless additional funds are appropriated by the
State of Delaware to the said Board, it will be necessary for the
Board to terminate its program for aid to the present case load
of dependent children on February 28, 1947, Now, Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That in addition to any other moneys appro-priated
to the State Board of Welfare for the fiscal year ending
June 30, 1947, there is hereby appropriated to the said State
Board of Welfare the stated sum of Twenty One Thousand One
Hundred Forty Dollars ($21,140.00) as a deficiency and emer-.
51
52 Chapter 37
DEFICIENCY APPROPRIATION
STATE BOARD OF WELFARE
gency appropriation for general use of the said Board in carrying
out its work and duties in respect to its aid to the present case
load of dependent children.
That the said sum shall be paid and made available to the
said State Board of Welfare on approval of this Act.
Section 2. This Act is to be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Fund of the State Treasury not otherwise
appropriated.
Approved February 14, 1947.
CHAPTER 38
SUSSEX COUNTY LEVY COURT
RENEW LEASE OF LAND TO I. 0. 0. F.
AN ACT AUTHORIZING THE LEVY COURT OF SUSSEX
COUNTY TO RENEW OR EXTEND THE LEASE TO A
CERTAIN LOT OF LAND IN GEORGETOWN, SUSSEX
COUNTY, OWNED BY THE STATE OF DELAWARE,
FOR THE USE OF SUSSEX COUNTY, TO UNION LODGE
NO. 3, INDEPENDENT ORDER OF ODD FELLOWS.
WHEREAS, by virtue of the authority contained in a cer-tain
Act of General Assembly entitled, "An Act authorizing the
Levy Court of Sussex County to lease the old jail in Georgetown,
Sussex County" passed on February 26, 1852, the Levy Court of
Sussex County did lease to Union Lodge No. 3, Independent
Order of Odd Fellows, for a period of ninety-nine years, com-mencing
April 1, 1852 a certain lot of land in said town of George-town
at the corner of Market Street and Cherry Lane, upon
which lot of land the said lessee thereafter erected a building;
and
WHEREAS, it is desirable that the said Levy Court shall
have the power and authority to renew the said lease with said
lessee or to extend the period of the existing lease; Now, There-fore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in. General Assembly met:
Section 1. That the Levy Court of Sussex County may, and
the said Levy Court is hereby empowered and authorized, to
lease the lot of land above described, either by entering into a
new agreement or by extending the period of the existing agree-ment,
to Union Lodge No. 3, Independent Order of Odd Fellows,
for such period of time and upon the payment of such rentals
and upon such other,terms and conditions as may be agreed to
between the said Levy Court and the said Union Lodge No. 3,
Independent Order of Odd Fellows.
53
54 Chapter 38
SUSSEX COUNTY LEVY COURT
RENEW LEASE OF LAND TO I. 0. 0. F.
Section 2. That all moneys received by the said Levy Court
under any new or extended agreement entered into by virtue
of this Act shall be used by it for the general purposes of Sussex
County, as heretofore.
Approved February 14, 1947.
CHAPTER 39
APPROPRIATION
ELIJAH S. HUGHES
AN ACT APPROPRIATING THE SUM OF FIFTEEN HUN-DRED
DOLLARS ($1500.00) TO ELIJAH S. HUGHES IN
PART PAYMENT OF SERVICES RENDERED BY HIM
IN THE OFFICE OF COUNTY COMPTROLLER OF KENT
COUNTY WHEN A LIKE SUM IS PAID TO HIM BY
OFFICIALS OF KENT COUNTY, DELAWARE.
WHEREAS, at the general election held on the fifth day of
November A. D. 1940, Elijah S. Hughes was a candidate for the
office of County Comptroller for Kent County and was declared
elected by the Superior Court of the State of Delaware sitting
as the Board of Canvass and was issued a certificate of election
by that tribunal; and
WHEREAS, the said Elijah S. Hughes, relying upon said
certificate of election, duly qualified and entered upon the duties
of said office on the seventh day of January, A. D. 1941, and con-tinued
to perform the duties of said office until the sixteenth
day of March, A. D. 1943, when in pursuance to a recanvass of
the votes by the Superior Court of Kent County sitting as the
Board of Canvass in accordance with the order of the Supreme
Court of the State of Delaware the certificate of election there-tofore
issued to the said Elijah S. Hughes was rescinded, and a
certificate of election was then issued to Frank P. Walker; and
WHEREAS, the said Frank P. Walker did on the sixteenth
day of March, A. D. 1943, enter into and thereafter performed
the duties of said office; and
WHEREAS, the said Frank P. Walker did thereafter file a
suit against the said Elijah S. Hughes in the Superior Court of
the State of Delaware,, in and for New Castle County, in as-sumpsit
to recover from the said Elijah S. Hughes the amount of
salary incident to the office of County Comptroller for Kent
County which had been paid to and accepted by the said Elijah
55
56 Chapter 39
APPROPRIATION
ELIJAH S. HUGHES
S. Hughes during the time the said Elijah S. Hughes occupied
and performed the duties of the office of said County Comptroller;
and
WHEREAS, the said Superior Court did on the nineteenth
day of February, A. D. 1944, enter an order to the effect that
the said Frank P. Walker was entitled to recover from the said
Elijah S. Hughes the salary which the said Elijah S. Hughes had
received while he performed the duties of said office, and as a
result thereof the said Elijah S. Hughes did pay to the said
Frank P. Walker the sum of Three Thousand Dollars ($3,000.00)
in settlement of said suit; and
WHEREAS, the said Elijah S. Hughes having performed the
duties and assumed the obligations for the office of County Comp-troller
from the seventh day of January, A. D. 1941, to the six-teenth
day of March, A. D. 1943, and should be compensated for
said service, Now, Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the sum of Fifteen Hundred Dollars
($1500.00) is hereby appropriated to Elijah S. Hughes out of
any moneys in the General Fund not otherwise appropriated, in
part payment for his services rendered as County Comptroller
for Kent County from the seventh day of January, A. D. 1941,
to the sixteenth day of March, A. D. 1943; provided, however,
that no part of the said Fifteen Hundred Dollars ($1500.00) shall
be paid by the State Treasurer as aforesaid unless and until a
like sum of Fifteen Hundred Dollars ($1500.00) is paid to the
said Elijah S. Hughes by the Levy Court of Kent County, Dela-ware.
Section 2. That the Levy Court of Kent County is hereby
authorized to appropriate and pay to Elijah S. Hughes the sum
of Fifteen Hundred Dollars ($1500.00) as part compensation for
services rendered to Kent County as aforesaid.
Chapter 39 57
APPROPRIATION
ELIJAH S. HUGHES
Section 3. The State Treasurer is hereby authorized and
directed to pay the said sum of Fifteen Hundred Dollars
($1500.00) to Elijah S. Hughes when he is advised in writing
by the Levy Court of Kent County that a like sum has been paid
to the said Elijah S. Hughes by the Receiver of Taxes and County
Treasurer for Kent County.
Section 4. This Bill shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Fund of the State Treasury not other-wise
appropriated.
Approved February 14, 1947.
58
CHAPTER 40
FARM PRODUCTS INSPECTION SERVICE OF THE
STATE BOARD OF AGRICULTURE
AN ACT MAKING AN ADDITIONAL APPROPRIATION TO
THE STATE BOARD OF AGRICULTURE FOR CARRY-ING
OUT THE PROVISIONS OF THE FARM PRODUCTS
INSPECTION SERVICE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated to the State
Board of Agriculture the sum of Four Thousand Five Hundred
Dollars ($4,500.00) for the purpose of carrying out the provisions
of the Farm Products Inspection Service of the Bureau of
Markets.
Section 2. The money hereby appropriated shall be avail-able
to the State Board of Agriculture and shall be paid out by
the State Treasurer upon proper vouchers submitted by said
Department during the remainder of the fiscal year ending the
30th day of June, A. D., 1947.
Section 3. This bill shall be known as a supplementary and
a deficiency appropriation bill and the funds hereby appropriated
shall be paid out of the General Fund of the State Treasury not
otherwise appropriated.
Approved February 14, 1947.
59
CHAPTER 41
APPROPRIAT/ON
STATE POLICE PENSIONS
AN ACT MAKING AN APPROPRIATION TO THE STATE
POLICE PENSION BOARD FOR THE PURPOSE OF
CARRYING OUT THE PROVISIONS OF LAW RELAT-ING
TO STATE POLICE PENSIONS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated to the State
Police Pension Board the sum of Eleven Thousand Five Hundred
Dollars ($11,500.00) for the purpose of carrying out the pro-visions
of the law relating to the State Police Pension system.
Section 2. The money hereby appropriated shall be avail-able
to the State Police Pension Board and shall be paid out by
the State Treasurer upon proper vouchers submitted by said
Board during the remainder of the fiscal year ending the 30th
day of June, A. D., 1947.
Section 3. This Bill shall be known as a supplementary
and a deficiency appropriation act and the funds hereby appro-priated
shall be paid out of the General Fund of the State Trea-sury
not otherwise appropriated.
Approved Februaiy 18, 1947.
60
CHAPTER 42
APPROPRIATION
STATE HIGHWAY DEPARTMENT
AN ACT TO APPROPRIATE MONEY TO THE STATE HIGH-WAY
DEPARTMENT TO CARRY OUT THE PROGRAM
OF SAID DEPARTMENT AND FOR PERFORMING THE
DUTIES AND SERVICES IMPOSED UPON SAID DE-PARTMENT
BY LAW.
WHEREAS, under the provisions of Acts passed by the
General Assemblies of 1935, 1937 and 1939,, the sum of One
Million, Eight Hundred Thousand Dollars ($1,800,000.00) was
borrowed from the State Highway Fund for ,the use of the
General Fund of the State; and
WHEREAS, in order to repay this sum to the State High-way
Department for use on roads, highways and bridges of the
State, it is necessary that an appropriation be made over and
above amounts appropriated to said Department in the regular
budget appropriation bill for the biennium ending June 30, 1949,
Now, Therefore,
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That in addition to any other moneys appro-priated
to the State Highway Department for the fiscal year
ending June 30, 1947, and in addition to the regular appropria-tions
to said Department that may appear in the regular budget
appropriation bill for the biennium ending June 30, 1949, there
is hereby appropriated to the said State Highway Department
of the State of Delaware the sum of Two Million Dollars
($2,000,000.00) for the use of said Department in carrying out
its program and performing the duties and services directed to
be performed by said Department by any law of the State.
Section 2. That the funds hereby appropriated shall be
available to the said State Highway Department immediately
upon the passage and approval of this bill, and the State.Trea-
Chapter 42 61
APPROPRIATION
STATE HIGHWAY DEPARTMENT
surer is hereby authorized and directed to pay such sums there-from
as are presented for payment by proper vouchers signed
by the officials of said Department.
Section 3. The sums herepy appropriated shall not revert
to the General Fund of the State Treasury at the end of any
fiscal year but shall be available to the Department for carrying
out its work until the said appropriation is fully expended.
Section 4. This bill shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Fund of the State Treasury, not other-wise
appropriated.
Approved February 19, 1947.
62
CHAPTER 43
RECORDERSUSSEX COUNTY
RECORDING OF CHATTEL MORTGAGES OF FINANCE COMPANIES
AN ACT AUTHORIZING THE RECORDER OF THE STATE
OF DELAWARE, IN AND FOR SUSSEX COUNTY TO
PROCURE A RECORD FOR THE PURPOSE OF RECORD-ING
CHATTEL MORTGAGES OF FINANCE COMPANIES
IN SUSSEX COUNTY.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. The Recorder of the State of Delaware, in and
for Sussex County is authorized to have records of forms printed
and bound, for the purpose of. recording chattel mortgages of
Finance Companies in Sussex County, which record shall be
printed upon good record paper and with necessary blanks for
the names, dates and description of personal property.
Section 2. All records of forms so printed shall be evi-dence
in law as other records of Sussex County.
Section 3. The Levy Court of Sussex County is hereby
authorized and directed to pay the necessary costs of procuring
said records.
Approved February 20, 1947.
63
CHAPTER 44
DEFICIENCY APPROPRIATION
STATE BOARD OF EDUCATION
AN ACT MAKING AN APPROPRIATION TO THE STATE
BOARD OF EDUCATION TO PROVIDE FOR THE PAY-MENT
OF CERTAIN CHARGES AND EXPENSES DUE
TO A DEFICIENCY IN PRESENT APPROPRIATIONS
AVAILABLE TO SAID BOARD FOR SUCH PURPOSES.
WHEREAS, present appropriations available to the State
Board of Education are inadequate to. meet certain necessary
and extraordinary expenses for the remainder of the fiscal year
ending June 30, 1947, Therefore
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That there is hereby appropriated to the State
Board of Education the sum of Sixty Thousand Nine Hundred
Eighty-four Dollars ($60,984.00) or so much thereof as may
be necessary, for the payment of transportation charges of public
school students for which the State Board of Education is re-sponsible;
for the payment of salaries of substitute teachers; for
the payment of salaries of additional teachers made necessary
by increased school population in certain areas ; for fixed com-pensation
insurance charges; for increased expenses due to the
attendance of high school students at the State College for Col-ored
Students; and for general control and instructional service.
Section 2. That the funds hereby appropriated shall be
available during the fiscal year ending June 30, 1947, and shall
be paid out by the State Treasurer upon proper vouchers pre-sented
by the State Board of Education.
Section 3. This Act shall be known as a supplementary
and a deficiency appropriation bill and the funds hereby appro-priated
are to be paid out of the General Fund of the State
Treasury from funds not otherwise appropriated.
Approved February 20, 1947.
1
64
CHAPTER 45
TRANSFER OF CERTAIN BALANCES TO GENERAL FUND
AN ACT AUTHOR/ZING THE STATE TREASURER TO
TRANSFER CERTAIN BALANCES IN THE ACCOUNTS
OF FORMER STATE TREASURER PETER S. COLLINS
TO THE GENERAL FUND OF THE STATE OF DELA-WARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the State Treasurer be and is hereby
authorized to transfer to the credit of the General Fund of the
State of Delaware the amount of Six Hundred Thirty Five Dol-lars
and Fifty Eight Cents ($635.58) made up of certain bal-ances
for which the date for honoring any check or order drawn
thereupon has expired by statute, such amount being the total
of balances on deposit to the credit of the State of Delaware in
the Farmers' Bank in the name and in the accounts as follows:
Approved February 20, 1947.
Treasurer of the State of Delaware
Peter S. Collins $362.82
Payroll Account 245.00
Motor Fuel Tax Refund Account 27.76
Total $635.58
CHAPTER 46
TRANSFER OF CERTAIN BALANCES TO GENERAL FUND
AN ACT AUTHORIZING THE STATE TREASURER TO
TRANSFER CERTAIN BALANCES IN THE ACCOUNTS
OF FORMER STATE TREASURER JOHN S. ISAACS TO
THE GENERAL FUND OF THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the State Treasurer be and is hereby
authorized to transfer to the credit of the General Fund of the
State of Delaware the amount of Two Thousand Seven Hundred
Sixty Seven Dollars and Thirty Cents ($2,767.30) made up of
certain balances for which the date for honoring any check or
order drawn thereupon has expired by statute, such amount
being the total of balances on deposit to the credit of the State
of Delaware in the Farmers' Bank in the name and in the ac-counts
as follows:
65
Approved February 20, 1947.
Treasurer of the State of Delaware
John S. Isaacs $ 603.89
Payroll Account 2,111.47
Motor Fuel Tax Refund Account 30.84
Motor Vehicle Licenses and Fees Refund 21.10
Total. $2,767.30
66
CHAPTER 47
TRANSFER OF CERTAIN BALANCES TO THE MAINTENANCE ACCOUNT
OF THE GEORGETOWN SPECIAL SCHOOL DISTRICT
AN ACT TO AUTHORIZE AND DIRECT THE STATE TREA-SURER
TO TRANSFER TO THE CURRENT MAINTE-NANCE
ACCOUNT OF THE GEORGETOWN SPECIAL
SCHOOL DISTRICT THE SUM OF $5,000.00 APPEARING
IN THE STATE TREASURY AS THE DEBT SERVICE
ACCOUNT, TO THE CREDIT OF SAID GEORGETOWN
SPECIAL SCHOOL DISTRICT.
WHEREAS, the Georgetown Special School District has
over a period of years accumulated a substantial surplus in its
Debt Service Account, more than sufficient to meet its needs in
that account; and
WHEREAS, there is great need for use by the said George-town
Special School District of additional funds in the Current
Maintenance Account of the said school district for the purpose
of improvements to building and equipment, Now, Therefore,
Be it enacted by the Senate and the House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the State Treasurer of the State of Dela-ware
be and he is hereby authorized and directed to transfer the
sum of Five Thousand Dollars ($5,000.00) from the Debt Service
Account of the Georgetown Special School District to the Current
Maintenance Account of the Georgetown Special School District.
Section 2. That the said sum so transferred, as provided
for in Section 1 of this Act shall be used by the said school district
for improvements to school property and/or equipment upon
warrants drawn on the said fund by the proper officer or officers
of The Board of Education of the Georgetown Special School
District, and the State Treasurer is hereby authorized and di-rected
to pay, from time to time, out of said fund, such warrants.
Approved February 27, 1947.
t
1
,
r.
iy.
i,
q
AN ACT TO PROVIDE FOR A UNIFORM STATE SUPPORT-UNIFORM
STATE SUPPORTED SALARY SCHEDULE FOR
TEACHERS IN FREE PUBLIC SCHOOLS
ED SALARY SCHEDULE FOR TEACHERS IN THE
FREE PUBLIC SCHOOLS OF THE STATE OF DELA-WARE,
AND TO PROVIDE APPROPRIATIONS THERE-FOR.
CHAPTER 48
67
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. There is hereby established a permanent State
Supported Uniform Salary Schedule and Classification of and for
teachers, principals and certain other persons in the Free Public
Schools of Delaware, to be effective, and to remain in effect, on
and after the First Day of July, A. D. 1947, as follows:
**---Mayleauna 1948-1949
(1) Experience:Years of Experience as herein used shall
mean years of teaching. Ninety-one days in any school year shall
constitute one year of experience, provided, however, that not
more than one year of experience may be credited for any one
calendar year.
YEARS OP PREPARATION:
EXPERIENCE 2 Yrs
(1) (2)
PRINCIPALS
AGRI-MASTER'S
CULTURE
4 Yrs. DEGREE (12 mos.)
(3) (4)
Elem.
School
2nd let
Group OrOUP
High School High School
(6)
0 $1600 $2000 $2200 $2560 $1930 $2560 $3150
1 1675 2000 2200 2650 2030 2650 3260
2 1760 2000 2200 2760 2130 2760 3350
3 1866 2100 2300 2850 2230 2860 3460
4 1930 2200 2400 2950 2330 2960 3560
5 2006 2300 2600 3050 2480 aoso 3660
6 2080 2400 2600 3150 2530 3150 3750
7 2155 2500 2700 3250 2630 ' 3260 3850
8 2230 2600 2800 3360 2730 3350 3950
9 2305* 2700 2900 3460 2830 3450 4050
10 2380** 2800 3000 3660 2930 3660 4150
Possible
Maximums: 3000 3600 3800 4200 3700 4300 4700
*Maximum 1947-1948
68 Chapter 48
UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR
TEACHERS IN FREE PUBLIC SCHOOLS
(2), (3), (4), (5) Preparation, Master's Degree, Agricul-ture,
Principals:The foregoing words as herein used shall mean
Preparation, Master's Degree, Agriculture and Principals, as de-fined
in the rules and regulations for the Certification of teachers
as are now or may hereafter be prescribed by the State Board of
Education.
Section 2. Effective July 1, 1947, and continuing for the
fiscal years beginning July 1, 1947, and ending June 30, 1948,
and beginning July 1, 1948 and ending June 30, 1949, respective-ly,
there shall be added to the funds provided for instructional
salaries of persons covered by this Act of the Board of Educa-tion
of the City of Wilmington and of each of the Boards of
Education of the special school districts throughout the State,
and of the State Board of Education for school districts of the
Statd Board Units, hereinafter referred to as "Districts and
Units", a sum sufficient to bring the total salary of each person
in each of the classifications set forth in said schedule and classi-fications
up to the minimum salary therein set forth for each
person in each respective classification, and to provide a mini-mum
increase for each such person of Two Hundred Dollars
($200.00) for the fiscal year beginning July 1, 1947 and ending
June 30, 1948, and for the fiscal year beginning July 1, 1948 and
ending June 30, 1949, over and above the annual rate of salary
that such person will receive for the school year 1946-1947, less
the temporary. salary increase payable under the provisions of
Senate Bill No. 18 passed at the 114th General Assembly and
approved by the Governor on January 27, 1947.
Section 3. To carry out the provisions of this Act in the
allocation of funds the State Board of Education shall allocate,
during each of the years beginning July 1, 1947 and July 1, 1948,
respectively, to the Board of Public Education in the City of
Wilmington and to each of the Boards of Education of the special
school districts thi:oughout the State, and to the State Board of
Education for school districts of the State Board Unit the
amounts required to bring the salaries of persons covered by
Chapter 48 69
UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR
TEACHERS IN FREE PUBLIC SCHOOLS
this Act up to the standards herein provided for, such amounts
to be determined from the personnel classification of persons
covered by this Act.
Section 4. The State Board of Education shall, as soon as
the classification of persons covered by said salary schedule and
classification has been determined for any year, and the amounts
to be allocated as provided in Section 3 of this Act have been
estimated, advise the State Treasurer and the Auditor of Ac-counts
who shall cause such monies to be made available to the
respective "Districts and Units" in the respective amounts to
carry out the purposes of this Act.
Section 5. In the event that any person or persons covered
by this Act shall be replaced, the district or unit shall contribute
as much, if necessary, from the funds appropriated directly to
such district or unit by the Legislature for instructional sal-aries
as it did toward the salary of the person or persons re-placed:
Section 6. In the event any additional personnel covered
by this Act, over and above those employed or vacancies existing
on February 1, 1947, shall be employed, the amount to be pro-vided
under this Act toward the salary of such person or persons
in any one school year shall not be more than $400.00 for per-sons
having four years or more of preparation and $450.00 for
those having less than four years' preparation.
Section 7. There is hereby appropriated to the State Board
of Education the sum of Seven Hundred and Twenty-five Thou-sand
Dollars ($725,000.00) for the fiscal year beginning July 1,
1947 and ending June 30, 1948, and the sum of Seven Hundred
and Twenty-five Thousand Dollars ($725,000.00) for the fiscal
year beginning July 1, 1948 and ending June 30, 1949, for the
purposes of, and subject to, the provisions contained in this
Act.
Section 8. The State Board of Education shall have the
authority to make such rules and regulations as shall make the
application of the aforesaid salary schedule uniform throughout
the State.
70 Chapter 48
UNIFORM STATE SUPPORTED SALARY SCHEDULE FOR
TEACHERS IN FREE PUBLIC SCHOOLS
Section 9. If any clause, sentence, paragraph or part of this
Act shall, for any reason, be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this Act but shall be confined in
its operation to the clause, sentence, paragraph or part thereof
directly involved in the controversy in which such judgment shall
have been rendered.
Section 10. All Acts or parts of Acts inconsistent with the
provisions of this Act are hereby repealed to the extent of such
inconsistency.
Section 11. This Act may be cited as the "State Supported
Salary Schedule for Teachers".
Section 12. This Act shall be known as a Supplementary
Appropriation Act and the money hereby appropriated shall be
paid out of the General Fund of the State Treasury not other-wise
appropriated.
Approved February 27, 1947.
CHAPTER 49
ESTABLISHING NUMBER OF STATE POLICE STATIONS
AN ACT TO AMEND CHAPTER 166 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"STATE HIGHWAY DEPARTMENT", BY MAKING PRO-VISION
FOR STATE POLICE STATIONS IN THE STATE.
Be it enacted by the Senate and the House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 166, Revised Code of Delaware,
1935, as amended, be further amended by adding at the end of
5747. Sec. 28. of Article 4 of said Chapter 166 a new Section to
be designated 5747A. Sec. 28A. as follows:
5747A. Sec. 28A. Minimum Number of State Police Sta-tions
in State; Location; Additional Stations; Staff and Equip-ment:
The Department is authorized and directed to establish
and maintain at least five State Police Stations in the State of
Delaware, one of which shall be located at Penny Hill, New
Castle County, one of which shall be located at State Road, New
Castle County, one of which shall be located at or near the City
of Dover, Kent County, one of which shall be located at or near
Bridgeville, Sussex County, and one of which shall be located
at or near Georgetown, Sussex County, and such other stations
as the State Highway Department shall deem necessary for the
proper policing of the highways of the state and for the en-forcement
of the laws of the state. Such State Police Stations
as are herein directed to be established and maintained shall each
be staffed with members of the State Police of the State, and
shall each be equipped with radio equipment to aid in the police
work of the Department.
Approved February 28, 1947.
71
72
CHAPTER 50
DELAWARE WORKMEN'S COMPENSATION LAW
DEFINING CASUAL EMPLOYMENT
AN ACT TO AMEND CHAPTER 175 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, ENTITLED,
"DELAWARE WORKMEN'S COMPENSATION LAW",
BY DEFINING CASUAL EMPLOYMENT.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 6113. Sec. 43. of Chapter 175, of the Re-vised
Code of Delaware, 1935, as amended, be further amended
by striking out all of said 6113. See. 43. thereof and inserting in
lieu thereof a new paragraph to be known as 6113. Sec. 43., as
follows:
6113. Sec. 43. "Employee" Construed:The term "em-ployee"
as used in this Chapter shall be construed to mean: Every
person in service in the State of Delaware of the County of New
Castle, or any corporation (private, public, municipal or public
quasi), of any association, of any firm or of any person (except-ing
the employer mentioned in Sec. 48 and Sec. 49 hereof) under
any contract of hire, expressed or implied, oral or written, or
performing services for a valuable consideration, excluding exec-utive
officers of any corporation and executive officers for the
purpose of this Act shall be construed to mean the President,
any Vice-President, Secretary, Treasurer, or any other execu-tive
officer elected and empowered by the Board of Directors in
accordance with the Charter and the regularly adopted By-laws
of the Corporation, unless such officers elect to be covered under
this Act, and also excluding any person whose employment is
casual and not in the regular course of the trade, business, pro-fession
or occupation of his employer, and not including per-sons
to whom articles or materials are furnished or repaired, or
adopted for sale in the workman's own home, or on the premises
not under the control or management of the employer. Casual
employment shall mean employment for not over two weeks or
Chapter 50 73
DELAWARE WORKMEN'S COMPENSATION LAW
DEFINING CASUAL EMPLOYMENT
a total salary during said employment not to exceed One Hun-dred
Dollars ($100.00) and subject to the above, repairs and
maintenance of employer's regular business shall not be con-strued
as casual employment.
Approved February 28, 1947.
74
CHAPTER 51
MOTOR VEHICLES
AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES
AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, RELATING TO
REQUIREMENTS AS TO HEAD LAMPS, AUXILIARY
DRIVING LAMPS, FLARES AND SIMILAR DEVICES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 5668. Sec. 130 of Chapter 165 of the Re-vised
Code of Delaware, 1935, as amended, be and the same is
amended by repealing paragraphs (d), (e) and (f) thereof and
substituting therefor the following:
Every person operating a motor vehicle on the public
highways, when approaching or about to pass any other person
operating a motor vehicle and traveling in the opposite direction,
shall seasonably dim, depress or tilt the front head lights on his
vehicle so that the rays projected therefrom will not blind the
person whom such operator is approaching and about to pass;
provided, that the dimmed, depressed or tilted lamps shall give
sufficient illumination under normal atmospheric conditions and
on a level road to render clearly discernible a person seventy-five
(75) feet ahead; and provided further, that this provision shall
not apply to vehicles equipped with acetylene or similar gas
lights.
No person shall operate any motor truck haying a
width at any part in excess of eighty (80) inches upon a high-way
outside of a business or residence district at any time from
a half hour after sunset to a half hour before sunrise, unless
there shall be carried in such vehicle a sufficient number of flares,
electric lanterns, or other devices, not less than three, capable
of producing continuously three warning lights or signals each
visible from a distance of at least Five Hundred (500) feet for a
period of at /east eight hours; provided, however, that red re-flectors
may be carried in place of flares, electric lanterns or
other signals.
Chapter 51 75
MOTOR VEHICLES
AUXILIARY DRIVING LAMPS, FLARES AND SIMILAR DEVICES
Each such flare, lantern, reflector, or signal shall be of a
type approved by the Motor Vehicle Commissioner; and he shall
publish lists of those devices which he has approved as ade-quate,
for the purposes of this section.
(f) Whenever any motor truck having a width at any part
in excess of eighty (80) inches and its lighting equipment shall
become disabled during the period when lighted lamps must be
displayed on vehicles, and such motor truck cannot immediately
be removed from the main, traveled portion of a highway outside
of a business or residence district, the driver or other person in
charge of such vehicle shall cause flares, lanterns, reflectors or
other signals to be lighted and placed upon the highway, one at
a distance of approximately one hundred (100) feet in advance
of such vehicle, one at a distance of approximately one hun-dred
(100) feet to the rear of the vehicle and the third upon
the roadway of the vehicle; provided, however, that if the ve-hicle
is transporting flammables three red reflectors may be so
placed as to afford a warning of the presence of the vehicle on
the highway in lieu of such other signals and no open burning
flare shall be placed adjacent to any such vehicle.
Approved March 7, 1947.
76
CHAPTER 52
APPROPRIATION
BOARD OF MANAGERS OF THE COUNCIL OF STATE GOVERNMENTS
AN ACT APPROPRIATING MONEY TO BOARD OF MANA-GERS
OF THE COUNCIL OF STATE GOVERNMENTS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met (three-fourths
of all the members elected to each House agreeing thereto):
Section 1. That the sum of One Thousand Dollars
($1,000.00) be and the same is hereby appropriated to the Board
of Managers of the Council of State Governments for the bien-nium
beginning July 1, 1947 and ending June 30, 1949 for the
purpose of aiding and furthering the efforts of said Council in
rendering service to the States in matters of inter-state coopera-tion.
Five Hundred Dollars ($500.00) of said sum shall be paid
to said Board of Managers of said Council within three months
after July 1, 1947, and a like sum of Five Hundred Dollars
($500.00) shall be paid within three months after July 1, 1948.
Section 2. That this Act shall be known as a Supplementary
Appropriation Act and the funds hereby appropriated shall be
paid out of the General Funds of the State Treasury not other-wise
appropriated.
Approved March 7, 1947.
CHAPTER 53
MOTOR VEHICLES
MANDATORY REVOCATION OF LICENSE
AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, RELATING TO
MANDATORY REVOCATION OF LICENSE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 5605. Sec. 67 of Chapter 165 of the Revised
Code of Delaware, 1935, as amended, be and the same is hereby
amended by repealing all of said Section and substituting there-for
the following:
5605. Sec. 67. Mandatory Revocation of License by the
Department:The Department shall forthwith revoke the li-cense
of any person upon receiving a record of the conviction of
such person of any of the following crimes:
Manslaughter resulting from the operation of a motor
vehicle.
The crime of assault in which a motor vehicle is used
and the death of a human being results.
Driving a vehicle while under the influence of intoxi-cating
liquor or narcotic drug.
Perjury or the making of a false affidavit to the Depart-ment
under this Chapter or any other law of this State requir-ing
the registration of motor vehicles or regulating their opera-tion
on highways.
Any crime punishable as a felony under the motor ve-hicle
Laws of this State or any other felony in The commission
of which a motor vehicle is used.
Conviction or forfeiture of bail upon three charges of
reckless driving all within the pfeceding twelve months.
A conviction of a driver of a motor vehicle, involved in
an accident resulting in the death or injury of another person,
upon a charge of failing to stop and disclose his identity at the
scene of the accident.
Approved March 7, 1947.
77
78
CHAPTER 54
RECORDERS
INDEXING AND CANCELLING OF OFFICIAL OBLIGATIONS
AN ACT TO AMEND CHAPTER 50 OF THE REVISED CODE
OF THE STATE OF DELAWARE, 1935; RELATING TO
THE INDEXING OF OFFICIAL OBLIGATIONS AND
MARKING THE SAME CANCELLED IN THE. INDEX
BOOK.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 1552. Sec. 10, Chapter 50, Revised Code
of Delaware, 1935, be amended by adding a new paragraph at
the end of the said section as follows:
He shall keep a separate index book in which shall be in-dexed
the name of each official whose obligation is herein re-quired
to be recorded. Upon cancellation of any official obliga-tion
in accordance with Section 4 of Chapter 11 of the Revised
Code of Delaware, 1935, he shall write the word "cancelled" and
sign his name as Recorder opposite or along side of the name of
the official whose bond has been so cancelled.
Approved March 7, 1947.
CHAPTER 55
CANCELLATION OF STATE AND COUNTY BONDS
AN ACT TO AMEND CHAPTER 11 OF THE REVISED CODE
OF THE STATE OF DELAWARE, 1935, RELATING TO
CANCELLATION OF BONDS OF STATE AND COUNTY
OFFICERS AFTER EXPIRATION OF TERM OF OFFICE
BY PROVIDING FOR THE FILING OF A PETITION TO
THE SUPERIOR COURT AND THE PUBLICATION OF
SAID PETITION BEFORE HEARING THEREON.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 11 of the Revised Code of Dela-ware,
1935, be and the same is hereby amended by repealing
351. Sec. 6, and 352. Sec. 7, thereof, and by inserting in lieu of
said Sections the following, to be known as 351. Sec. 6, and 352,
Sec. 7:
351. Section 6. At any time after the expiration of the
term of office of any State or County officer in this State, who
is required by law to give bond or other obligation with surety
for the faithful performance of his duties as such officer, such
officer may present a petition to the Superior Court of the par-ticular
county in which said bond or other obligation is filed or
recorded, in term time or in vacation, in such form as shall be
prescribed by the said Court, stating all of the facts proper and
necessary to lay before the said Court and the reasons for ask-ing
that the said bond or other obligation theretofore entered
into by such officer should be cancelled and satisfied of record.
Before any hearing shall be had upon said petition, the petitioner
shall cause a copy of said petition to be published in one or more
newspapers published in the said County, at least once a week
for three successive weeks, and in addition thereto the said
Court may require such additional notice of the filing of said
petition as in its opinion shall be deemed advisable.
79
80 Chapter 55 .
CANCELLATION OF STATE AND COUNTY BONDS
352. Section 7. Upon the presentation of any such peti-tion,
by said such officer, as stated in Section 6 of this Chapter,
to the Superior Court of the particular County as aforesaid, said
Court shall inquire into all the facts and circumstances of the
particular case; and, if satisfied from the evidence presented that
the said officer has performed all of the duties lawfully required
of him, and has properly accounted for all monies or other prop-erty
or things of value coming into his hands as such officer, and
there are no reasons why the bond or other official obligation of
such officer should not be cancelled and satisfied of record; then,
and under such circumstances, the said Court may in its discre-tion
make an order that said bond or other official obligations of
such officer be cancelled, and that the Recorder of Deeds of the
County where the said bond or other official obligation is re-corded
shall mark the same satisfied of record.
Approved March 7, 1947.
81
CHAPTER 56
BONDS OF CONSTABLES
AN ACT TO AMEND CHAPTER 11 OF THE REVISED CODE
OF THE STATE OF DELAWARE, 1935, RELATING TO
OFFICIAL BONDS OF CONSTABLES.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 11 of the Revised Code of Dela-ware,
1935, be and the same is hereby amended by striking out
and repealing 349, Section 4 of said chapter, and by inserting in
lieu thereof the following new Section, to be known as 349, Sec-tion
4:
849. Section 4. Cancellation of Bonds of Certain Public
Officers After, Three Years:The several Bonds and recogniz-ances
of the several officers provided for in Sections 3 and 10 of
this Chapter as well as the official Bond of any Constable of the
several Counties shall be cancelled three years after the expi-ration
of the terms of office of the said several officers and such
Constable and shall after such time cease to be a lien on any
property of any kind of the said several officers and such Con-stable
or their respective Bondsmen.
Approved March 7, 1947.
82
CHAPTER 57
APPROPRIATION
PURCHASE OF CERTAIN HIGHWAY BOND MATURITIES
AN ACT AUTHORIZING THE STATE TREASURER TO
PURCHASE CERTAIN HIGHWAY IMPROVEMENT
BONDS AND STATE AID BONDS ISSUED BY THE
LEVY COURTS OF NEW CASTLE, KENT AND SUSSEX
COUNTIES AND MATURING DURING THE FISCAL
BIENNIUM ENDING JUNE 30, 1949.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the State Treasurer is hereby authorized,
empowered and directed to purchase at par all Highway Im-provement
Bonds and State Aid Bonds heretofore issued by
New Castle, Kent and Sussex Counties, respectively, which shall
mature during the fiscal biennium of the State beginning on
July 1, 1947 and ending on June 30, 1949.
Section 2. The Highway Improvement Bonds and State
Aid Bonds, heretofore referred to in this Act, are as follows:
New Castle County Bonds authorized under the following
actsChapter 88 of Volume 32, Laws of Delaware; Chapter 94
of Volume 33, Laws of Delaware; Chapter 101 of Volume 29,
Laws of Delaware; Chapter 103 of Volume 34, Laws of Dela-ware;
Chapter 25 of Volume 26, Laws of Delaware; Chapter
29 of Volume 25, Laws of Delaware and Chapter 45 of Volume
27, Laws of Delaware. Kent County Bonds authorized under the
following actsChapter 97 of Volume 33, Laws of Delaware;
Chapter 104 of Volume 34, Laws of Delaware; Chapter 104 of
Volume 29, Laws of Delaware; Chapter 23 of Volume 31, Laws
of Delaware and Chapter 174 of Volume 27, Laws of Delaware.
Sussex County Bonds authorized under the following actsChap-ter
105 of Volume 34, Laws of Delaware; Chapter 111 of Volume
43, Laws of Delaware and Chapter 112 of Volume 43, Laws of
Delaware.
'Chapter .57 83
APPROPRIATION
PURCHASE OF- CERTAIN HIGHWAY. BOND MATURITIES
, SeetiOn 3. Owor before June 1, 1947 the Levy Court Corn-
Mis8iOnera Of the Counties of New Castle, Kent and Sussex,
respectively, shall certify to the State Treasurer the number
- of ,bonds of each issue, the amount thereof and the date on which
'the Maturities of principal on the said Highway Improvement
Bonds and the said State Aid Road Bonds of each of said Counties
will become due and payable during the fiscal biennium of the
State of Delaware beginning on July 1, 1947 and ending on
June 30, 1949.
Section 4. Within ten days prior to the maturity date of
any of the bonds set forth in Section 2 of this Act, it shall be
the duty of the State Treasurer and Auditor of Accounts, and
the State Treasurer and Auditor of Accounts are hereby directed
and required to have on deposit and available for immediate
payment at the Farmers Bank in the proper county of this State
or other place where the principal of said bonds is payable at
maturity, according to the provisions thereof, full and sufficient
funds to pay at par the principal of all such maturing bonds, and
upon the presentation of any of said bonds for payment on the
maturity date or thereafter," to cause to be paid to the lawful
owner or holder of any such bonds the principal sums due there-on.
Section 5. Upon the presentation at maturity of any of
said bonds, there shall be paid to the registered holder or to the
bearer thereof, as specified in the bonds, the principal sum of
each maturing bond out of the funds deposited with and made
available for this specific purpose under the provisions of this
Act, and upon payment thereof the bonds shall thereafter be
delivered to the State Treasurer. If any of the bonds are regis-tered
according to the provisions thereof the registered holder
shall properly endorse, assign and transfer his title thereto to
the State Treasurer.
Section 6. There is hereby appropriated, authorized and
directed to be paid out of the State Treasury such sums of
money as shall be necessary for the payment of maturities of
84 Chapter 57
APPROPRIATION
PURCHASE OF CERTAIN HIGHWAY BOND MATURITIES
principal on all the said bonds set forth in Section 2 of this Act.
The moneys hereby appropriated and authorized shall embrace
the sums necessary to provide for the said maturities of prin-cipals
on the said Highway Improvement Bonds and the said
State Aid Road Bonds of each of the said counties falling due
during the period from July '1, 1947 to June 30, 1949, both in-clusive.
Section 7. The moneys hereby appropriated and authorized
to be paid out of the State Treasury shall be paid out of moneys
in the General Fund not otherwise appropriated.
Section 8. The Levy Courts of the respective Counties in
fixing the annual rate of taxation shall not provide for the rais-ing
of any sum of money for the payment of maturities on any
of the bonds in this Act referred to.
Section 9. All persons are hereby authorized, directed and
empowered to do any act or acts necessary for the carrying out
of the provisions of this act in order that the principal of each
and every of the bonds specified in this Act shall be duly and
faithfully paid upon the maturity thereof according to the pro-visions
thereof.
Approved March 7, 1947.
CHAPTER 58
APPROPRIATION
PURCHASE OF PAST DUE INTEREST COUPONS ON CERTAIN
HIGHWAY IMPROVEMENT BONDS
AN ACT APPROPRIATING MONEYS FROM THE STATE
TREASURY FOR THE PURPOSE OF PURCHASING
PAST DUE INTEREST COUPONS ON CERTAIN HIGH-WAY
IMPROVEMENT BONDS AND STATE AID BONDS
ISSUED BY THE LEVY COURTS OF NEW CASTLE,
KENT AND SUSSEX COUNTIES, DURING THE FISCAL
BIENNIUM OF THE STATE OF DELAWARE, ENDING
JUNE 30, 1949.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That the State Treasurer is hereby authorized,
empowered and directed to purchase at par the interest coupons
falling due during the fiscal biennium of the State of Delaware
beginning July 1, 1947 and ending June 30, 1949 on all High-way
Improvement Bonds and State Aid Road Bonds heretofore
issued by New Castle, Kent and Sussex Counties.
Section 2. The Highway Improvement Bonds and State Aid
Road Bonds referred to in Section 1 hereof are as follows:
New Castle County Bonds authorized under the following
actsChapter 88 of Volume 32, Laws of Delaware; Chapter 94
of Volume 33, Laws of Delaware; Chapter 101 of Volume 29,
Laws of Delaware; Chapter 103 of Volume 34, Laws of Dela-ware;
Chapter 25 of Volume 26, Laws of Delaware; Chapter 29
of Volume 25, Laws of Delaware and Chapter 45 of Volume 27,
Laws of Delaware. Kent County Bonds authorized under the
following actsChapter 97 of Volume 33, Laws of Delaware;
Chapter 104 of Volume 34, Laws of Delaware; Chapter 23 of
Volume 31, Laws of Delaware; Chapter 104 of Volume 29, Laws
of Delaware and Chapter 174 of Volume 27, Laws of Delaware.
85
86 Chapter 58
APPROPRIATION
PURCHASE OF PAST DUE INTEREST COUPONS ON CERTAIN
HIGHWAY IMPROVEMENT BONDS
Sussex County Bonds authorized under the following actsChap-ter
105 of Volume 34, Laws of Delaware; Cha:pter 111 of Volume
43, Laws of Delaware and Chapter 112 of Volume 43, Laws of
Delaware.
Section 3. On or before June 1, 1947 the Levy Court Com-missioners
of the Counties of New Castle, Kent and Sussex, re-spectively,
shall certify to the State Treasurer the number of
and the amount of interest coupons of said Bonds falling due
during said fiscal biennium.
Section 4. Within ten days prior to the maturity date of
said interest coupons of the Bonds set forth in Section 2 of this
Act, it shall be the duty of the State Treasurer and Auditor of
Accounts, and they and each of them hereby are directed and
required to have on deposit and available for immediate payment
at the Farmers Bank in the proper County of this State, or other
place where the interest on said bonds is payable, according to
the provisions thereof full and sufficient funds to purchase at
par said interest coupons on all such bonds, and upon the pre-sentation
of any of said interest coupons on the date when the
same become due and payable, or on any date thereafter, to
purchase, or cause to be purchased, from the lawful owner or
holder of such coupons said coupons at the face value thereof.
Section 5. Upon presentation at maturity of any of said
interest coupons.there shall be paid to the holder thereof, as the
purchase price of said coupon or coupons, the face value of each
maturing coupon out of the funds deposited with and made
available for this specific purpose under the provisions of this
Act, and upon payment thereof said coupons shall thereafter be
delivered to the State Treasurer.
Section 6. There is hereby appropriated, authorized and
directed to be paid out by the State Treasurer for the fiscal year
beginning July 1, 1947 and ending June 30, 1948 the sum of
One Hundred Ten Thousand Four Hundred Twenty-Five Dol-
Chapter 58 87
APPROPRIATION
PURCHASE OF PAST DUE INTEREST COUPONS ON CERTAIN
HIGHWAY IMPROVEMENT BONDS
lars ($110,425.00) and for the fiscal year beginning July 1, 1948
and ending June 30, 1949 the sum of Ninety-Eight Thousand
Two Hundred Seventy-Five Dollars ($98,275.00) for the pur-poses
herein set forth. The moneys hereby appropriated shall
be paid out of the State Treasury out of moneys in the General
Fund not otherwise appropriated.
Section 7. If any of the Bonds as set forth in Section 2
hereof shall not be coupon bonds, but shall be bonds on which
the interest falling due is payable directly to the registered
holder thereof, the State Treasurer is hereby authorized and
directed to purchase from such registered holder, at its full
value any such interest obligations falling due on any of said
Bonds within said biennium. Any interest obligations purchased
under this Section shall be held by the State Treasurer.
Section 8. The Levy Courts of the respective Counties in
fixing the annual rate of taxation shall not provide for the raising
of any sum of money for the payment of such interest coupons
and interest obligations on any of the Bonds referred to in this
Act.
Section 9. All persons are hereby authorized, directed and
empowered to do any Act or Acts necessary for the carrying out
of the provisions of this Act.
Approved March 7, 1947.
88
CHAPTER 59
LEVY COURTKENT COUNTY
AUTHORIZING APPROPRIATION TO FIREMEN'S ASSOCIATION
AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO
AMEND CHAPTER 43 OF THE REVISED CODE OF
DELAWARE, 1935, BY STRIKING OUT AND REPEAL-ING
ALL OF 1194. SEC. 48. THEREOF AND INSERTING
IN LIEU THEREOF A NEW SECTION TO BE STYLED
1194. SEC. 48. SAID NEW SECTION DIRECTING THE
LEVY COURT OF KENT COUNTY TO APPROPRIATE
CERTAIN MONEY TO THE KENT COUNTY VOLUN-TEER
FIREMEN'S ASSOCIATION FOR DISTRIBUTION
EQUALLY AMONG MEMBER COMPANIES."
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 43 of the Revised Code of Dela-ware,
1935, as amended by Chapter 115, Volume 45, Laws of
Delaware, be and the same hereby is amended by striking out
and repealing all of 1194. Sec. 48. of said chapter and enacting
and inserting in lieu thereof a new section to be known and styled
as 1194. Sec. 48., as follows :
1194. Sec. 48. The Levy Court of Kent County is au-thorized
and directed to appropriate annually, on the first day
of October of each year, to the Kent County Volunteer Firemen's
Association, the sum of Eight Thousand Dollars ($8,000.00) to
be distributed by said Firemen's Association equally to each of
the regularly organized and motorized Fire Companies, Mem-bers
of said Association, for the maintenance and upkeep of the
fire equipment of said member companies.
Approved March 7, 1947.
CHAPTER 60
NEW CASTLE COUNTY COURT OF COMMON PLEAS
TRANSMITTAL OF COPIES OF JUDICIAL AND CHANCERY REPORTS
AN ACT TO AMEND CHAPTER 5 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, TO PROVIDE
FOR THE TRANSMITTAL TO THE COURT OF COM-MON
PLEAS OF NEW CASTLE COUNTY OF COPIES OF
THE JUDICIAL REPORTS AND CHANCERY REPORTS
OF THE STATE OF DELAWARE.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That Chapter 5 of the Revised Code of Dela-ware,
1935, be and the same hereby is amended by striking out
and repealing 29. Sec. 7. thereof and enacting and inserting in
lieu thereof a new section, as follows:
29. Sec. 7. Judicial and Chancery Reports Deposited in
Library; Disposal of Same:The .State Librarian, upon the re-ceipt
of Judicial Reports and Chancery Reports to be deposited
in the Library by law, shall transmit one copy of each of said
reports to the Library of each .State and Territory, one copy to
the Congressional Library, one copy to the New Castle County
Law Library, one copy to the University of Delaware, one copy
to the Historical Society of the State of Delaware, one copy to
the Library of the Municipal Court of the City of Wilmington,
and one copy to the Court of Common Pleas for New Castle
County.
Approved March 7, 1947.
89
90
CHAPTER 61
MOTOR VEHICLES
PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS
AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, RELATING TO
PENALTIES FOR VIOLATIONS OF MOTOR VEHICLE
LAWS.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 5680. Sec. 142 of Chapter 165 of the Re-vised
Code of Delaware, 1935, as amended, be and the Same is
hereby amended by repealing all of said Section and substituting
therefor the following:
5680. Sec. 142. Penalty for Violations of Provisions of
Sections 83 to 103 Inclusive, 105, 106, 107 (b), 108, 110, 114 to
117 Inclusive, 119 to 123 Inclusive, 132, 133, 138 and 139:
Every person convicted of a misdemeanor for a violation of any
of the provisions of Sections 83 to 103 inclusive, 105, 106, 107 (b),
108, 110, 114 to 117 inclusive, 119 to 123 inclusive, 132, 133, 138
and 139 of this Chapter shall be punished for the first offense by
a fine of not less than Ten Dollars ($10.00) nor more than One
Hundred Dollars ($100.00), or imprisonment for not less than
ten (10) days nor more than thirty (30) days, or both such fine
and imprisonment ; and for each subsequent like offense shall
be punished by a fine of not less than Fifty Dollars ($50.00) nor
more than Two Hundred Dollars ($200.00), or by imprisonment
for not less than fifteen (15) days nor more than thirty (30)
days, or both such fine and imprisonment; provided, however,
that all second offenses under Sections 83 to 103 inclusive, 105,
106, and 117, before being punishable as such shall have been
committed within twelve (12) months after the commission of
the first offense.
Approved March 17, 1947.
CHAPTER 62
MOTOR VEHICLES
DUTY OF DRIVERS TO STOP AT SCENE OF ACCIDENT
AN ACT TO AMEND CHAPTER 165 OF THE REVISED CODE
OF DELAWARE, 1935, AS AMENDED, RELATING TO
THE DUTY OF DRIVERS OF MOTOR VEHICLES TO
STOP AT THE SCENCE OF AN ACCIDENT.
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met:
Section 1. That 5645. Sec. 107 of Chapter

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND FOURTEENTH
SESSION OF THE . GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 7, A. D.
1947
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- FIRST
VOLUME XLVI
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